APHC010103462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5512/2025 Between: Srikakulapu Vinay Kumar, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. BUGULU SREETEJA Counsel for the Respondent(S): 1. GP FOR SERVICES I 2 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “…to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declare the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Deputy Executive Engineer on mere pendency of a Charge Sheet in CC No.3 of 2021 on the file of the Hon'ble Court Spl.Judge for SPE and ACB Cases, Rajamahendravaram (incident pertaining to the year 2017), pending without any progress, and contrary to G.O.Ms.No.257 GA(Ser.c) Department, dated 10.06.1999 due to the long pendency cannot deprive the petitioner's legitimate promotion, as illegal, arbitrary and in violation of principles of Natural justice, consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Deputy Executive Engineer (even on adhoc basis) in the available vacancy, without reference to the long pending Charge Sheet in CC No.3 of 2021 on the file of the Hon'ble Court Spl.Judge for SPE and ACB Cases, Rajamahendravaram, in terms of G.O.Ms.No.257 dt. 10.06.1999 and to pass such other order or orders.…” 2. The grievance of the petitioner is that the ACB authorities conducted a trap and later registered a Crime against the petitioner vide Crime No.9/RCT- RJY, dated 29.08.2018, for the offence punishable under Section 7(b) of the Prevention of Corruption Act, 1988. Thereafter, a charge sheet was filed, which was numbered as C.C.No3 of 2021 on the file of the learned Special Judge for SPE & ACB Cases, Rajamahendravaram, and the same is pending, without any further progress. The 2nd respondent by exercising the powers conferred under Rule 8(2)(a) of the APCS(CCA) Rules,1991, placed the 3 petitioner under suspension vide proceedings No.Vig.Ser-II(2)/4570/18, dated 05.09.2018, with effect from 30.08.2018 and subsequently, the petitioner was re-instated vide Memo No.13022/(SF)/Vig.I/2015 dated 17.12.2020. For which, the candidature of the petitioner was not considered for promotion to the post of Deputy Executive Engineer (even on adhoc basis). Aggrieved by the same, the present writ petition is filed. 3. Heard Bugulu Sree Teja, learned counsel for the petitioner and learned Government Pleader for Services-I. 4. Learned counsel for the petitioner states that the incident pertains to the year of 2017 and the case is still pending without any further progress. Hence, he would urge that it would suffice, if a direction be given to the respondents to consider his case for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 5. Learned Government Pleader for Services-I did not refute the submissions of the learned counsel for the petitioner. 6. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, with the consent of both the counsel, at the stage of admission, directing the respondents to consider the petitioner’s case for promotion to the post of Deputy Executive Engineer, in terms of G.O.Ms.No.257, dated 10.06.1999, if the petitioner is in the zone of consideration and fulfills all requisite qualifications. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date: 05.03.2025 KBN 5 96 THE HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.5512 of 2025 Date: 05.03.2025 KBN