APHC010097422026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 5935/2026 Between: 1. G RAMACHANDRA RAO, S/O. G. MALLAIAH, AGED ABOUT 64 YEARS, OCC. ASSISTANT DIRECTOR OF MINES AND GEOLOGY (RETIRED), R/O. FLAT NO. 109, RAJAS COURT YARD APARTMENTS, UPPARPALLY, HYDERABAD -500048, TELANGANA ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY INDUSTRIES AND COMMERCE (MINES) DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT - 522238 2. THE COMMISSIONER AND DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM VIJAYAWADA, NTR DISTRICT, A.P. -521456 ...RESPONDENT(S): The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not treating the petitioners suspension period from 23-02-2008 to 02-03- 2009 as on duty in terms of FR 54 (3) and in not considering his case for notional promotion to the cadre of Deputy Director of Mines AND Geology for the panel year 2015-2016 and also further promotion to the post of Joint Director of Mines AND Geology for the panel year 2018-2019 on par with his junior despite the petitioner was acquitted in criminal case and the articles of charge levelled against him are not proved is illegal, arbitrary, unjust and violative of Art. 14 AND 16 of the Constitution of India and consequently direct the respondents to treat the period of suspension from 23-02-2008 to 02-03-2009 as on duty in terms of FR 54 (3) and to issue notional promotion in favour of the petitioner as Deputy Director of Mines AND Geology for the panel year 2015-2016 and further promotion as Joint Director of Mines AND Geology for the panel year 2018-2019 with all consequential benefits including monetary benefits and pass….” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for appearing for the respondents. 3. The case of the petitioner is that he was initially appointed as Mines Inspector on 03-12-1988 and was subsequently promoted as Technical Assistant on 18-07-1989, Royalty Inspector on 16-10-1990, Assistant Geologist on 19-05-1999, and Assistant Director of Mines & Geology on 28-08-2004, and retired from service on 31-08-2021. While working as Assistant Director at Miryalaguda, Nalgonda District, he was placed under suspension vide proceedings dated 23-02-2008 and was later reinstated into service vide G.O. Rt. No.131 dated 27-02-2009, and permitted to join duty on 03-03-2009. In the meantime, a criminal case was registered against him under the provisions of the Prevention of Corruption Act, 1988, and a charge sheet was filed in C.C. No.19/2009. He was acquitted on 05- 09-2011, and the Criminal Appeal No.58/2012 filed by the State was also dismissed on 15-07-2025. Parallelly, departmental proceedings were initiated, and in both instances, the Inquiry Officers submitted reports holding that the charges framed against him were not proved. It is further submitted that another departmental enquiry was initiated against the petitioner based on a Vigilance report for his tenure at Nellore, and after due enquiry, the charges were again held to be not substantiated as per the report dated 26-06-2025. Despite his acquittal in the criminal case and exoneration in both departmental proceedings, the petitioner’s suspension period from 23-02-2008 to 02-03-2009 has not been regularized as “on duty” under F.R. 54(3), and he was denied promotions to the posts of Deputy Director and Joint Director of Mines & Geology on par with his juniors. 3. The contention of the petitioner is that after completion of the enquiry proceedings, the 2nd respondent forwarded the enquiry reports to the 1st respondent vide letters dated 21-07-2025 and 29-09-2025; however, despite receipt of the said reports, the Government has not concluded the disciplinary proceedings. It is further contended that, in view of the acquittal in the criminal case and the findings of the Inquiry Officers that the charges are not proved, the respondents ought to have concluded the proceedings and considered his case for regularization of the suspension period as “on duty” under F.R. 54(3). 4. Considering the submissions made by the learned counsel for the petitioner and upon perusal of the material available on record, it is evident that the enquiry proceedings have already been concluded and the enquiry reports have been forwarded by the 2nd respondent to the 1st respondent vide letters dated 21-07-2025 and 29-09-2025. However, the Government has not yet passed final orders in the disciplinary proceedings. 5. In view of the same, the respondents, more particularly the 1st respondent, are directed to conclude the disciplinary proceedings and pass appropriate final orders based on the enquiry reports within a period of one (01) month from the date of receipt of a copy of this order, in accordance with the applicable Government Orders and rules. It is further directed that, if the respondents fail to conclude the disciplinary proceedings within the stipulated time, they shall consider the case of the petitioner for regularization of the suspension period from 23-02-2008 to 02-03-2009 as “on duty” under F.R. 54(3) and pass appropriate orders within a further period of one (01) month. Upon such consideration, the respondents shall also extend all consequential benefits, including notional promotions, fixation of seniority, and monetary benefits, and ensure that the same are released to the petitioner within a period of two (02) months thereafter. 06. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D RAMESH 17.03.2026 klk 44 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 5935/2026 17.03.2026 klk