APHC010164882026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

TUESDAY,THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 8435/2026 Between:

1. S YED JAMSHEER BASHA,, S/O. KHADAR BASHA, AGED ABOUT

38 YEARS, OCC. SENIOR ASSISTANT, KANDKUR MUNICIPALITY, PRAKASAM DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522238.

2. T HE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, RAYAPUDI SEED AXIS ROAD E3-N11 JUNCTION, GUNTUR DISTRICT-522237.

3. T HE REGIONAL DIRECTOR CUM APPELLATE COMMISSIONER, MUNICIPAL ADMINISTRATION, GUNTUR, GUNTUR DISTRICT-

522002.

...RESPONDENT(S):

The Court made the following ORDER:

1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue a Writ, order or direction, more particularly one in the nature of writ of mandamus, declaring the action of the respondents not considering the petitioner claim for promotion to the post of Manager/Revenue Officer without reference to Criminal Case vide C.C. No. 13 of 2024 on the file of Honble Court of Special Judge for SPE and ACB Cases, Nellore and without reference to Charge Memo vide Roc.No.258684/2020/A1 Dated 17.05.2023 (issue relating to the year 2020) in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999 as highly illegal, arbitrary, unjust, improper, discrimination and violative of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the petitioner claim for promotion to the post of Manager/Revenue Officer in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999 with all consequential benefits and to pass….”

2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

3. The case of the petitioner is that he was initially appointed as a Junior Assistant in the year 2006 and was subsequently promoted as Senior Assistant in the year 2013. While discharging his duties in Kavali Municipality, the ACB authorities registered a criminal case against him vide FIR No.3/RCT-ACB-NLR/2020 dated 18.03.2020 under Sections 7(a) and 7(b) of the Prevention of Corruption (Amendment) Act, 2018 at SPSR Nellore Police Station, ACB, Nellore Range. Thereafter, a charge sheet was filed and the same was taken on file as C.C. No.13 of 2024 on the file of the Court of the Special Judge for SPE & ACB Cases, Nellore. The trial in the said criminal case is still pending. It is submitted that despite being fully eligible and qualified for promotion to the post of Manager/Revenue Officer, the petitioner’s case is not being considered on account of the pendency of the said criminal case, whereas his junior has already been promoted.

4. The learned counsel for the petitioner submits that the incident relates to the year 2020 and the charge memo was issued in the year 2023. However, no progress has been made in the enquiry except the appointment of an Enquiry Officer. Therefore, denial of promotion to the petitioner while promoting his junior, solely on the ground of pendency of the criminal case and departmental proceedings, is arbitrary and illegal.

Hence, the writ petition.

5. Having heard the respective submissions, this Court is of the opinion that the case of the petitioner for promotion to the post of Manager/Revenue Officer can be considered in terms of G.O.Ms.No.257, dated 10.06.1999.

6. Accordingly, the Writ Petition is disposed of directing the respondents to consider the petitioner’s case for promotion to the post of Manager/Revenue Officer, subject to the petitioner possessing the requisite qualifications, in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999, and also to conclude the enquiry in terms of G.O.