APHC010646172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3458]

(Special Original Jurisdiction)

MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 33361/2025 Between:

1. G M SREEDHAR, S/O. SRINIVASA RAO, AGED ABOUT 52 YEARS, OCC DEPUTY DIRECTOR (INDUSTRIES) O/O. DIO, DISTRICT INDUSTRIES CENTER (DIG) ANAKAPALLI DISTRICT.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, INDUSTRIES AND COMMERCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. THE DIRECTOR OF INDUSTRIES, THE STATE OF ANDHRA PRADESH 1ST FLOOR. GOVT REGIONAL PRINTING PRESS BUILDINGS, MUTHYALAMPADU, VIJAYAWADA-250011 ...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, declaring the action of the respondents in not considering the petitioner claim for promotion to post of Joint Director without reference to criminal case (ACB Case) vide CC. No. 12 of 2008 on the file of SPL, JUDGE FOR SPE and ACB CASES, VIJAYAWADA as highly illegal, arbitrary, unjust, discrimination and violation of Article 14, 16, and 21 of the Constitution of India and set aside the same and consequently direct the respondents to promote the petitioner as Joint Director without reference to the criminal case vide C.C. No. 12 of 2008, pending before the Honble Court Special Judge for SPE and ACB Cases, Vijayawada, by following G.O.Ms.No.257 dated 10.06.1999, with all consequential benefits and to 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 pleased to direct the respondents to promote the petitioner as Joint Director without reference to criminal case vide C.C. No. 12 of 2008 by following G.O.Ms.No.257 dated 10.06.1999, pending before the Hon’ble Court Special Judge for SPE & ACB Cases, Vijayawada pending disposal of the above writ petition and pass Counsel for the Petitioner:

1. K SRINIVASA PRASAD Counsel for the Respondent(S):

1. GP FOR SERVICES I The Court made the following Order:

1. The petitioner seeks direction to the respondents to consider his case for promotion to the post of Joint-Director (Industries) without reference to the pending criminal case in CC No. 12 of 2008 on the file of Special Judge for SPE & ACB cases, Vijayawada.

2. The petitioner places reliance on G.O.Ms No.257 dated 10.06.1999 and on the decision of the Coordinate bench of this court in W.P.No.29356 of 2024 and W.P.No.29618 of 2024. It is contended that the disciplinary proceedings were initiated vide memo dated 12.10.2001 against the petitioner and the same culminated in the imposition of a penalty of stoppage of two annual increments without cumulative effect vide proceedings dated 01.01.2005. The said punishment was set aside pursuant to the petitioner’s application before the A.P. Administrative Tribunal in O.A.No.3480 of 2011. The Tribunal set aside the punishment imposed against the petitioner. The said order of the tribunal was confirmed by this court in W.P.No.4132 of 2015. Subsequently, the petitioner was promoted to the post of Deputy Director vide proceedings dated 02.11.2011.

3. The respondent authorities are proposing to call the eligible Deputy Directors for promotion to the post of Joint Director, and the DPC meeting was held on 31.12.2020 and approved the names of the Deputy Directors for promotion to the post of Joint Directors for the panel year 2020-2021. Based on the said proceedings of the DPC, the 2nd respondent issued G.O.Ms.No.21, approving the names of 7 individuals for promotion to the category of joint director for the panel year 2020-21.

3. However, the case of the petitioner was ignored. It is contended that as the pro