APHC010077342026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 4424/2026 Between:

1. J NAGESWARAO, S/O PAPA RAO (LATE), AGED 57 YEARS, OCC HEAD CONSTABLE GOLLAPADAM POLICE STATION, KAKINADA, KAKINADA DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522 501

2. T HE DEPUTY INSPECTOR GENERAL OF POLICE, ELURU RANGE, ELURU - 534 007

3. T HE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT AT KAKINADA - 533 003 ...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 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 claim of the petitioner for promotion to the post of A.S.I. purely on the ground of pendency of crime against him for an incident which took place in the year 2016 and protracting the same is arbitrarily vindictive and violation of Articles 14, 16 and 21 of the Constitution of India apart from violation of principles of natural justice and direct the respondents to consider the case of the petitioner for promotion to the post of A.S.I. without referring the criminal case in C.C.No.8 of 2021 pending before the Special Judge for ACB and SBE Cases, Rajamahendravaram and pass Counsel for the Petitioner:

1. C SRINIVASA BABA Counsel for the Respondent(S):

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

ORDER:

The present Writ Petition is filed for the following relief:

….to 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 claim of the petitioner for promotion to the post of A.S.I. purely on the ground of pendency of crime against him for an incident which took place in the year 2016 and protracting the same is arbitrarily vindictive and violation of Articles 14, 16 and 21 of the Constitution of India apart from violation of principles of natural justice and direct the respondents to consider the case of the petitioner for promotion to the post of A.S.I. without referring the criminal case in C.C.No.8 of 2021 pending before the Special Judge for ACB and SBE Cases, Rajamahendravaram….

2. The contention of the petitioner is that, as Cr.No.8 of 2021 was registered on 16.12.2016 on the file of ACB and SPE Cases, Rajamahendravaram under Section 7 of the Prevention of Corruption Act. The Charge sheet was filed on 15.04.2021 and in view of the pendency of the criminal case, the respondents are not considering the case of the petitioner for the promotion, though the petitioner is at SI.No.1 in the seniority list. Aggrieved by the said action of the respondent authorities, the petitioner has approached this Hon’ble Court by way of Writ Petition No.16723 of 2022, the said Writ Petition was disposed of on 04.07.2022 directing the respondents to examine the case of the petitioner for promotion to the post of Assistant Sub- Inspector of Police, in terms of G.O.Ms.No.257 General Administration (Services.C) Department, dated 10.06.1999. Consequent to the above said direction, the respondent have considered and rejected the case of the petitioner on 05.09.2022 as per the provisions of Andhra Pradesh Police Manual and in view of G.O.Ms.No.215, Home (Pol-C) Department dated 14.07.1995, once any criminal charges are pending, the employee is not eligible for promotion. Though the said writ petition was disposed of on 05.09.2022, even after a lapse of 4 years, in view of pendency of the Criminal charges, the respondents have not considered the case of the petitioner. Hence the present Writ Petition is filed.

3. The Learned Governme