APHC010022572024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

THURSDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 1487/2024 Between:

1. B .SUGUNA KUMAR RAJA,, S/O. B.V. APPALA NAIDU, AGED ABOUT 45 YEARS, WORKING AS FOREST RANGE OFFICER, GIDDALUR, GIDDLAUR DIVISION, PRAKASAM DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENVIRONMENT, FOREST, SCIENCE AND TECHNOLOGY (SERVICES - IV) DEPARTMENT, ANDHRA PRADESH SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. T HE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE, GUNTUR, ANDHRA PRADESH.

3. T HE OFFICE OF THE CHIEF CONSERVATOR FOREST, WILD LIFE MANAGEMENT CIRCLE, TIRUPATI ...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 initiation of Disciplinary proceedings and issuing Articles of Charge dated 31.05.2019, imposing penalty of stoppage of four (4) annual grade increments with cumulative effect which will have effect on Pension vide proceedings No.4621/2017/A and DC - 1 dated 29.03.2022 and the orders of the Appellate authority in confirming the orders of the 2nd Respondent in Government Memo No. 1106/SEC - IV/A1/2022 dated 21.11.2023 illegal, arbitrary and violates of Articles 14,1 6, 21 and 311 (2) of the Constitution of India and contrary to Rule 20 of AP CCA Rules and consequentially declare that the Petitioner is entitled for notional promotion to the post of Assistant Conservator of Forest from the panel year 2019 - 2020 over and above his immediate junior with all consequential attendant benefits and to pass IA NO: 1 OF 2024 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 issue an interim direction suspending the operation of orders in proceedings No. 4621/2017/A & DC - 1 dated 29.03.2022 and the orders of the Appellate authority in confirming the orders of the 2nd Respondent in Government Memo No. 1106/SEC - IV/A1/2022 dated

21.11.2023 pending disposal of the Writ Petition and to pass IA NO: 2 OF 2024 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 issue an interim direction directing the Respondents to forthwith consider the case of the Petitioner for promotion to the post of Assistant Conservator of Forest in the existing vacancies pending disposal of the Writ Petition and to pass Counsel for the Petitioner:

1. P V RAMANA Counsel for the Respondent(S):

1. GP FOR SERVICES I (AP)

The Court made the following:

THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.1487 of 2024

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 declaring initiation of Disciplinary proceedings and issuing Articles of Charge dated 31.05.2019, imposing penalty of stoppage of four (4) annual grade increments with cumulative effect which will have effect on Pension vide proceedings No.4621/2017/A and DC-1 dated 29.03.2022 and the orders of the Appellate authority in confirming the orders of the 2nd Respondent in Government Memo No. 1106/SEC - IV/A1/2022 dated 21.11.2023 illegal, arbitrary and violates of Articles 14,1 6, 21 and 311 (2) of the Constitution of India and contrary to Rule 20 of AP CCA Rules and consequentially declare that the Petitioner is entitled for notional promotion to the post of Assistant Conservator of Forest from the panel year 2019 - 2020 over and above his immediate junior with all consequential attendant benefits and to pass….”

2. Hea