ORDER:

Petitioner seeks to punish the respondents under the provisions of Contempt of Courts Act, 1971, alleging willful violation of the interim orders dated 07.05.2025 passed in W.P. No.12592 of 2025.

2. (a) Writ petition has been instituted assailing the action of respondents in not considering the case of petitioner for promotion to the post of Joint Secretary to Government to be wholly illegal, arbitrary and unconstitutional and consequently to declare that petitioner is entitled for promotion without reference to C.C. No.28 of 2023 on the file of Court of Special Judge for SPE & ACB Cases, Vijayawada, with all consequential benefits.

(b) Further, I.A. No.1 of 2025 was filed along with the writ petition seeking interim direction to the respondents to consider his case for promotion without reference to C.C. No.28 of 2023 on the file of Court of Special Judge for SPE & ACB Cases, Vijayawada.

(c) The case as pleaded in the writ petition was that petitioner while working as Deputy Secretary to Government, Health, Medical and Family Welfare Department, based on complaint, was implicated in a case in FIR No.01/RCO-ACB-GNT/2020 for offence under Section 7(a) of Prevention of Corruption (Amendment) Act, 2018 r/w Section 506 of IPC on the allegation of demanding of illegal gratification, upon investigation, charge sheet came to be laid against him and the matter is presently pending in C.C. No.28 of 2023. Simultaneously, petitioner was also issued charge memo vide G.O.Rt.No.845, General Administration (SC.D) Department, dated 02.05.2023 and that the departmental proceedings are pending. He has challenged criminal proceedings in W.P. No.9328 of 2025 before this Court and the same is pending for consideration. He also filed W.P. No.34301 of 2022 as he was not considered for promotion on the ground of pendency of FIR, wherein this Court has passed interim order dated 07.12.2022 directing respondents to consider his case for promotion in accordance with G.O.Ms.No.66, dated 30.01.1991. The writ petition stated to have been disposed of. As he did not put in two years of service in feeder category of Deputy Secretary as on 01.09.2022, his case was not considered. As he completed aforesaid minimum service of two years, he made yet again representation and since his case has not been considered, he preferred W.P. No.12592 of 2025.

(d) This Court, at the admission stage, based on instructions of the learned Assistant Government Pleader for Services – I, passed following interim direction:

“5. In view of the same, the respondents are directed to consider the case of the petitioner for promotion to the post of Joint Secretary without reference to C.C. No.28 of 2023 on the file of the Court of Special Judge for SPE & ACB Cases, Vijayawada, subject to complying the requirement of minimum required service of two years in the feeder category pending further orders.”

(e) As the respondents have not taken any further steps in furtherance to aforesaid interim orders, present contempt case has been instituted on 23.07.2025. After filing of contempt, the respondents stated to have issued memo dated 20.05.2025 inter alia stating that the DPC during the meeting held on 30.06.2025 though has considered the case of petitioner and recommended him to be included in the panel, however, promotion came to be deferred until termination of disciplinary cases in terms of G.O.Ms.No.424, General Administration (Services – C) Department, dated 25.05.1976 r/w G.O.Ms.No.257, General Administration (SER.C) Department, dated 10.06.1999.

3. (a) Sri Ravi Kondaveeti, learned Senior Counsel, appearing for petitioner contends that despite clear directions issued by this Court to consider the case of petitioner for promotion without reference to the criminal case, in deliberate violation of such direction, the respondents have purposefully denied the promotion under the guise of pendency of disciplinary proceedings, which clearly tantamounts to willful and deliberate action for puni