APHC010711132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36808/2025 Between: 1. SHAIK NASEER AHAMED, S/O. SHAIK JOHN SAHEB AGED ABOUT 56 YEARS, JUNIOR ASSISTANT, GUNTUR MUNICIPAL CORPORATION, GUNTUR DISTRICT. ...PETITIONER AND 1. THE GUNTUR MUNICIPAL CORPORATION, REP., BY ITS COMMISSIONER, GUNTUR. 522003 2. THE COMMISSIONER AND DIRECTOR, MUNICIPAL ADMINISTRATION, ANDHRA PRADESH, GORANTIA, GUNTUR DISTRICT 522034 3. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT.522237 ...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 or direction, more particularly one in the nature of Writ of Mandamus to direct the Respondents to consider the case of the Petitioner for promotion as Senior Assistant without reference to C.C.No.2975 of 2023 2 (Cr.No.193/2009 of Pattapbhipuram P.S.) on the file of Hon’ble Special 1st Class Magistrate for Prohibition and Excise, Guntur and promote him as such by declaring the action of the Respondents in not considering his case for promotion as Senior Assistant, though there is not departmental enquiry is initiated and pending in the same incident is totally ex facie illegal, arbitrary, unconstitutional and void apart from violation of Articles 14 and 16 of the Constitution of India and pass such other orders. 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 may be pleased to direct the Respondents to consider the case of the Petitioner for promotion as Senior Assistant without reference to C.C.No.2975 of 2023 (Cr.No.193/2009 of Pattapbhipuram P.S.) on the file of Hon'ble Special 1st Class Magistrate for Prohibition and Excise, Guntur and promote him as such pending disposal of the above writ petition and pass such other orders. Counsel for the Petitioner: 1. K SREEDHAR MURTHY Counsel for the Respondent(S): 1. The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.36808 of 2025 ORDER: 1. The present Writ Petition is filed to declare the action of Respondents in not considering the Petitioner’s case for promotion to the post of 8Senior Assistant9 without reference to the criminal case in C.C.No.2975 of 2023 (Cr.No.193 of 2009 of Pattapbhipuram Police Station) on the file of the Special Judicial First Class Magistrate for Prohibition & Excise, Guntur, Guntur District, as illegal and arbitrary. 2. The facts in brief are as follows; 3. The Petitioner was initially appointed as an 8Attender9 in Respondent-Corporation on 05.01.1986 and then promoted as 8Bill Collector9 on 17.07.1998. Subsequently, the Petitioner was promoted as 8Junior Assistant9 vide Proceedings dated 22.04.2017. It is stated that now the Petitioner is eligible and qualified for promotion to the post of 8Senior Assistant9. 4. While so, Respondent No.1 lodged a complaint against the Petitioner and two others before the Station House Officer, Pattabhipuram Police Station, Guntur on 09.12.2009. Consequently, a criminal case was registered against them vide Crime No.193/2009 for 4 the offence punishable under Sections 409 and 420 of IPC and Sections 65 and 66 of Information Technology Act, 2000. Subsequently, a charge-sheet was filed and the criminal case was registered as C.C.No.2975 of 2023 before the Special Judicial First Class Magistrate for Prohibition & Excise, Guntur and Petitioner was arrayed as Accused No.5. 5. It is further stated that no charge-memorandum was issued to the Petitioner as on date. The grievance of the Petitioner is that on account of the criminal case, the Petitioner is denied promotion as 8Senior Assistant9 and hence the present Writ Petition. 6. The learned counsel for the Petitioner Sri K. Sreedhar Murthy contended that charge against co-accused in the criminal case was quashed by this Court vide Order dated 13.10.2011 passed in Crl.P.No.3161 of 2010 and criminal case of 2009 cannot be a ground to deny promotion to the Petitioner. It was also contended that co-accused by name Narra Peda Kotaiah was promoted to the post of 8Superintendent9 pursuant to the orders of this Court in W.P.No.23676 of 2025 dated 08.09.2025. 7. The learned Assistant Government Pleader Sri S. Raju would submit that the department is also not responsible for the pendency of 5 the criminal case and non-consideration of promotion to the Petitioner being in accordance with the Rules/executive instructions and no interference is warranted. 8. Heard the respective counsels. 9. The criminal case though numbered in the year 2023 was initially registered against the Petitioner in year 2009 and there is absolutely no reason as to why there is delay of fourteen (14) years even to take cognizance of the criminal case. At this stage, the Petitioner cannot be said to have contributed to the delay in taking cognizance by the concerned Court. Secondly, the co-accused along with the Petitioner had filed Crl.P.No.3161 of 2010 and the same was quashed on 13.10.2011 at the FIR stage itself taking note of the report of the Municipal Commissioner. 10. Thirdly, the Petitioner was promoted in the year 2017 as 8Junior Assistant9 after registration of criminal case and the same ground cannot be raised again to deny promotion. Fourthly, the co-accused in the criminal case Narra Peda Kotaiah i.e. Accused No.2 was promoted as 8Superintendent9 on 03.12.2025 pursuant to the orders of this Court in W.P.No.23676 of 2025 dated 08.09.2025. 6 11. Therefore, the Writ Petition is disposed of with following directions; i) The Respondent-authorities are directed to consider the case of Petitioner for promotion subject to Petitioner possessing requisite qualification to the post of 8Senior Assistant9. ii) No order as to costs. 12. As a sequel, miscellaneous petitions, pending if any, shall stand closed. __________________ NYAPATHY VIJAY,J Date: 07.01.2026 IS 7 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36808 of 2025 Date: 07.01.2026 IS