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2025 DAILYLAW 7402 (AP)

V V S K VARMA v. The State of Andhra Pradesh,

WP/4154/2025 · 2025-02-19

Subba Reddy Satti

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY f^i TWO THOUSAND AND TWENTY FIVE o qiv \\o \ PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4154 OF 2025 Between: vv S K Varma, S/o, Late Kanam Raju, Aged 49 years, Occ; Forest Section Officer, Pudimadaka Section, Achutapuram Mandal, Anakapalli District. ^ ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by is Special Chief Secretary, Environment, Forest, Science and Technoiogy Department, Secretariat Velagapudi, Guntur District. 2. The Principal Chief Conservator of Forests (HoFF), Andhra Pradesh Guntur District. 3. The Conservator of Forests, Visakhapatnam District. 4. The District Forest Officer, Visakhapatnam. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ order or direction may more particularly one in the nature of 'Writ of Mandamus' declare that the issued impugned charge 2020 and further denying the promotion action of the 4th respondent memo vide Rc.No.1402/2016/ S4(iv) dt. 03-08- to the petitioner to the post of Deputy Range Officer as illegal, arbitrary and also violation of Article 14 and 16 of Constitution of India by set aside the same and consequently this Hon'ble Court may be pleased to declare that the petitioner herein is ^ entitted for promotion as Deputy Range Officer as per the seniority list of Forest Section Officers working as on 01-01-2024 vide dt. 14-06-2024. lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct the respondents to consider the promotion as Deputy Range Officer as per seniority list of Forest Section Officer working without reference to the charge memo vide Rc.No.1402/2016/S4(iv) dt; 03- 08-2020. may be petitioners case for on 01-01-2024 prepared vide memo dt: 14-06-2024 as Counsel for the Petitioner: SRI. EATHAKOTA VENKATA Counsel for the Respondents: GP FOR SERVICES The Court made the following order: RAO I \ APHC010074132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4154/2025 Between: VV S K Varma ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. EATHAKOTA VENKATA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following ORDER: Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents 1 to 4. The above writ petition is filed to declare the action of the 4'^ respondent in issuing the charge memo vide R.C.No.1402/2016/S4(iv) dated 03.08.2020 and further denying the promotion to the petitioner, as illegal and arbitrary. The petitioner, Forest Section Officer, filed the above writ petition. A charge memo vide R.C.No.1402/2016/S4(iv) dated 03.08.2020 was issued to ...RESPONDENT(S) 2. 3. / 2 m the petitioner. As seen from Annexure-I, the petitioner, Forest Section Officer, has shown gross negligent of duties in his tenure as Forest Section Officer had committed grave irregularities and neglected his duties by not perambulating the Section jurisdiction and failed to detect illegal quarry operations in Sy.No.307 of Thotakurapalem Village, Ravkimatham Mandal, Visakhapatnam District. The charge further indicates illegal mining. The petitioner submitted an explanation dated 30.11.2020 (Ex.P.2). Thereafter, the petitioner submitted another explanation dated 27.12.2023. Learned counsel for the petitioner would submit that due to the pendency of the aforementioned charge memo, the petitioner’s case has not been considered for promotion though he is eligible. Learned Assistant Government Pleader for Services-ll submitted the instructions of the 4*^ respondent-District Forest Officer, Visakhapatnam. A perusal of instructions would indicate that the 3^'^ respondent conducted an inquiry on 17.01.2024 and submitted a report, which is pending finalization. The instructions further indicate that the petitioner comes under a non selection category. No promotions have been given, so far, to any Forest Section Officers, or juniors to the petitioner duly setting aside him. 5. 6. Thus, as seen from the material available on record, there is no dispute about the issuance of Ex.P.1 charge memo and explanation submitted by the petitioner under Ex.P.2. The instructions would indicate that the inquiry was completed and submitted findings to the Principal Chief Conservator of Forests, A.P., Mangalagiri on 17.01.2025. Since the inquiry is completed and the Inquiry Officer submitted a report to the Principal Chief Conservator of Forests, A.P., Mangalagiri, the Writ Petition is disposed of at the admission stage with the consent of learned 7. 3 counsel on either side directing the respondent authorities to conclude the inquiry within two months from today. The respondent authorities shall also consider the petitioner’s case for promotion strictly as per the Rules. No order as to costs. As a sequel, pending miscellaneous petition*^ 'f any, shall stand closed. Sd/-A VENUGOPALA r„_ assistant registrar ^SEC-^N OFFICER RAO //TRUE COPY// To, 1. The Special Chief Secretary, Environment, Forest, Science and Technology Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Principal Chief Conservator of Forests (HoFF), Andhra Pradesh, Guntur District. 3. The Conservator of Forests, Visakhapatnam District. 4. The District Forest Officer, Visakhapatnam. 5. One CC to Sri. Eathakota Venkata Rao Advocate [OPUC] 6. Two CCs to GP for Services I, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies GSC HIGH COURT DATED:19/02/2025 ORDER WP.No.4154 of 2025 disposing of the WP admission WITHOUT COSTS AT THE STAGE OF