APHC010533472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 27732/2025 Between: 1. S SAIRAM SINGH, S/O SRIRAM SINGH, AGED ABOUT 61 YEARS, OCC. ASSISTANT DIRECTOR, MINES AND GEOLOGY, O/O COMMISSIONER AND DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM, VIJAYAWADA, N.T.R. DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, INDUSTRIES AND COMMERCE (VIGILANCE) DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM, VIJAYAWADA N.T.R. DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order direction more particularly one the nature of a writ of Mandamus declaring the action of the respondents in not considering the petitioners claim for promotion to the post of Deputy Director of Mines and Geology without reference to the charge memo issued in Go Rt No.296,Industries and Commerce (Mines-I) Department 2 dated 11-05-2010 in terms of G.O.Ms.No.257 General Administration Department dated 10-06-1999 as highly illegal, arbitrary, unjust, discrimination and contrary to service rules apart from violation of article 14, 16 and 21 of the Constitution and consequentially direct the respondents to promote the petitioner as Deputy Director of Mines and Geology without reference to the charge memo issued in GO Rt No. 296 Industries and Commerce (Mines-I) Department dated 11-05-2010 in terms G.O.Ms.No.257, General Administration Department dated 10-06- 1999 with all consequential benefits and pass. IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the petitioners claim for promotion to the post of Deputy Director of Mines and Geology without reference to the charge memo issued in G.O.Rt.No.296 Industries and Commerce (Mines-I) Department dt.11-5-2010 in terms G.O.Ms.No.257 General Administration Department dated 10-6-1999, pending disposal of the above writ petition and pass. Counsel for the Petitioner: 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the action of the respondents in not considering the petitioners claim for promotion to the post of Deputy Director of Mines and Geology without reference to the charge memo issued in Go Rt No.296,Industries and Commerce (Mines-I) Department dated 11-05- 2010 in terms of G.O.Ms.No.257 General Administration Department dated 10-06-1999 as highly illegal, arbitrary, unjust, discrimination and contrary to service rules apart from violation of article 14, 16 and 21 of the Constitution and consequentially direct the respondents to promote the petitioner as Deputy Director of Mines and Geology without reference to the charge memo issued in GO Rt No. 296 Industries and Commerce (Mines-I) Department dated 11-05-2010 in terms G.O.Ms.No.257, General Administration Department dated 10- 06-1999 with all consequential benefits and pass….” 2. Heard Smt. Kavitha Gottipati, learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents. 3. A charge memo vide G.O.Rt.No.296, Industries & Commerce (Mines-I) Department dated 11.5.2010 was issued to the petitioner framing five charges. The petitioner submitted his written explanation in the month of May, 2010 itself. Another charge memo vide G.O.Rt.No.25, Industries & Commerce (Vigilance) Department dated 05.02.2021 was issued to the petitioner framing a charge. The petitioner submitted his written explanation on 11.02.2021. 4. Learned counsel for the petitioner has submitted that in respect of the charge memos, enquiry is stated to be pending. She has further 4 submitted that since the charge memos are pending, the petitioners’ case is not considered for promotion. She has also submitted that the petitioner will cooperate with the enquiry. 5. Having heard the respective submissions, this Court is of the opinion that the case of the petitioner for promotion to the post of Deputy Director of Mines & Geology can be considered in terms of G.O.Ms.No.257, dated 10.06.1999. 6. Accordingly, the Writ Petition is disposed of directing the respondents to consider the petitioner’s case for promotion to the post of Director of Mines & Geology, subject to the petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999 and also conclude the enquiry in terms of G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. __________________ JUSTICE D.RAMESH 05.02.2026 RD 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.27732 OF 2025 05.02.2026 RD