1 APHC010668382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 34434/2025 Between: 1. K VEERASWAMY, S/O LATE K. VENKATESWARULU, AGED 48 YEARS, OCC ASSISTANT GEOLOGIST, O/O THE DISTRICT MINES AND GEOLOGY, VIJAYAWADA. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL. SECRETARY INDUSTRIES AND COMMERCE DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM, KRISHNA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. C SRINIVASA BABA Counsel for the Respondent(S): 1. GP FOR SERVICES I 2 2. GP FOR SERVICES II The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.34434 of 2025 ORDER: The present writ petition is filed seeking the following relief: “….to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondent in seeking to deny the claim of the petitioner, promotion to the post of the Assistant Director as per his seniority solely on the ground of pendency of disciplinary proceedings against him, violation of conditions imposed in appointment order, apart from violation of Articles 14, 16 and 21 of the Constitution of India….” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents. 3. A case in Crime No.05/RCT-ACB-GNT/2020, dated 09.07.2020, was registered against the petitioner for the offence under Section 7(a) of the Prevention of Corruption (Amendment) Act, 2018. After due investigation, a charge sheet was filed on 26.03.2024 and the same was numbered as C.C.No.5 of 2024. A charge memo vide G.O.Rt.No.22, Industries & Commerce (Vigilance) Department, dated 06.02.2024, was issued to the 4 petitioner framing one charge. The petitioner submitted a written explanation on 11.03.2024. 4. Learned counsel for the petitioner submitted that in respect of the charge memo, enquiry is stated to be pending. He further submitted that since the charge memo is pending, the petitioners’ case is not considered for promotion. He 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 Assistant Director, Mines and 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 Assistant Director, Mines and 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. 5 As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 09.02.2026 Ivd 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.34434 of 2025 Dated: 09.02.2026 Ivd