APHC010385812026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE 27th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20707/2026 Between: 1. SRI M. RAVI KUMAR, S/O. M. MASTAN RAO, AGED ABOUT 55 YEARS, DEPUTY ASSISTANT COMMISSIONER (STATE TAX) ELURU BAZAR CIRCLE, GUNTUR-I DIVISION, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE (COMMERCIAL TAXES) DEPARTMENT, SECRETARIAT, VELAGAPUDI VILLAGE - 522238, THULLURU MANDAL, GUNTUR DISTRICT. 2. THE CHIEF COMMISSIONER STATE TAXES, O/O D.NO. 12-468- 4, KUNCHANAPALLI, GUNTUR DISTRICT, ANDHRA PRADESH - 522501. ...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 topleased to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in initiating disciplinary proceedings after inordinate delay of more than 9 years vide charge memo CCST's Ref. No. REV03- 19022(31 )/2/2024- VIG-CCT-1, dated 14.11.2024, on the basis of alleged incident dated 27.11.2015, while I was on leave on medical grounds on a concocted allegation of lack of supervision over subordinate 2 officers and as being illegal, arbitrary, violative of the Andhra Pradesh Civil Services (Conduct) Rules, 1964, the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, G.O.Ms.No.679, General Administration (Ser.C) Department, dated 01.11.2008, G.O.Ms.No.257, Revenue (Commercial Taxes) Department,dated 10.06.1999,Articles 14 and 16 of the Constitutionof India, and consequently quash the Charge Memo vide CCST's Ref. No. REV03- 19022(31 )/2/2024-VIG- CCT-1, dated 14.11.2024, and pass IA NO: 1 OF 2026 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 pleased to direct the respondents to forthwith consider the case of the petitioner for promotion to the post of Assistant Commissioner [ST], without referring to the disciplinary proceedings initiated vide Charge Memo CCST's Ref.No.REV03-19022(31 )/2/2024- VIG- CCT-1, dated 14.11.2024, Pending disposal of the above Writ petition, and pass Counsel for the Petitioner: 1. VINOD KUMAR PEMMASANI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.20707 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent-Authorities in initiating disciplinary proceedings vide Charge Memo in CCST’s.Ref.No.REV03-19022(31)/2/2024-VIG-CCT- 1, dated 14.11.2024, after an inordinate delay of more than 09 years and on the basis of an alleged incident, dated 27.11.2015, as illegal and arbitrary. 2. The facts leading to the filing of the case are as follows: The Petitioner was initially appointed as Assistant Commercial Tax Officer on 07.03.2005 and was promoted as Deputy Commercial Tax Officer (re-designated as Deputy Assistant Commissioner (State Tax)) on 08.08.2011 and is presently working as Deputy Assistant Commissioner (State Tax). While he was working as Deputy Commercial Tax Officer, a surprise check was conducted by ACB Officials on 27.11.2015 and found certain irregularities. Thereafter, disciplinary proceedings were initiated against the Petitioner under Rule No.20 of Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991. After lapse of nine (09) years, Respondent No.2 has issued a charge memo, dated 14.11.2024, calling 4 explanation from the petitioner. In response, the petitioner has submitted his explanation on 04.12.2024. 3. The grievance of the Petitioner in filing the Writ Petition is that, though the charge memorandum was issued in the year 2024 and despite the appointment of an Inquiry Officer and a Presenting Officer, there has been no progress in the enquiry, and the impugned charge memorandum was coming in the way of considering the case of the Petitioner for further promotion. Hence, the Writ Petition came to be filed. 4. Sri Vinod Kumar Pemmasani, learned counsel for the Petitioner, by placing reliance on G.O.Ms.No.91, General Administration (SER.C) Department, dated 12.09.2022, submits that the Government had framed comprehensive guidelines fixing definite time frame for expediting the process of disciplinary cases in supersession of the previous guidelines. Learned counsel for the Petitioner submits that in simple cases, the enquiry should be completed within three months and in complicated cases, the enquiry should be completed within five to six months and seeks for expeditious conclusion of the disciplinary proceedings. Learned counsel also relied on G.O.Ms.No.257, General Administation (SER-C) Department, dated 10.06.1999, which provides for promotion on adhoc basis, provided the charge is not of a serious 5 nature. The further contention is that this Court in similar circumstances in W.P.No.14410 of 2025 directed the Respondents to consider the Petitioner’s case for promotion to the post of Assistant Director/Assistant City Planner in terms of G.O.Ms.No.257 dated 10.06.1999, if the Petitioner is in the zone of consideration. 5. Learned Government Pleader would submit that due to certain administrative issues, there is delay, however, submitted that the enquiry would be completed as expeditiously as possible as mandated under the G.O.Ms.No.91 relied upon by the learned counsel for the Petitioner. 6. Considering the submissions made, the Writ Petition is disposed of, directing the Respondent-Authorities to consider the case of the Petitioner for promotion to the post of Assistant Commissioner (State Tax) in terms of G.O.Ms.No.257, dated 10.06.1999. No order as to costs. 7. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 27.07.2026 chs 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 104 WRIT PETITION No.20707 of 2026 Dated: 27.07.2026 chs