APHC010058562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3125/2025 Between:

1. B .JAGANNADHA RAO,, S/O ATCHYUTHA RAMAIAH, AGED 60 YEARS, WORKING AS DY. DIRECTOR, MINES AND GEOLOGY, VISAKHAPATNAM, R/O. FLAT NO.9, LAKSHMI VALLABHA HEIGHTS, 8TH LANE, SYAMALA NAGAR, GUNTUR - 522006.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, INDUSTRIES AND COMMERCE (MINES AND GEOLOGY) DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

2. T HE DIRECTOR OF MINES AND GEOLOGY, SRI ANJANEYA TOWERS, B BLOCK, 6TH AND 5TH FLOOR, IBRAHIMPATNAM, N.T.R DISTRICT.

...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 to declare the action of the respondents in denying the candidature of the petitioner for promotion to the post of Joint Director from the category of Dy. Director merely on the ground of pendency of unconcluded Charge Memo in G.O. Rt. No. 27 Industries and Commerce (Vigilance) Department Dated 9-2-2022, issued by the 1st respondent for the incident relates to the year 2015) pending without any progress contrary to the existing G.O. Ms.No.679 GAD dated1-11-2008 and G.O.Ms.No.91, GAD Dated 12-9-2022. and to give promotion to the petitioner with retrospective effect from the date from which their juniors were promoted as per 2018-19 DPC and 2019-20 DPC in which the petitioner was not considered and also causing much prejudice to the petitioner in getting his legitimate promotion, as illegal arbitrary discrimination and in violation of principles of natural justice, consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Joint Director in the existing (4) vacancies, without reference to the pending Charge Memo dated 9-2-2022 issued by the 1st respondent, by kindly extending the similar orders passed in W.P.No. 18195 of 2023. dated 31-7-2023 and W.P.No. 2661 of 2024, dated

6-2- 2024 and 2010(4) ALT 374 (D.B) 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 may be pleased to direct the respondents to consider the candidature of the petitioner for promotion to the post of Joint Director M&G in the existing vacancy, without reference to the pending Charge Memo G.O.Rt.No.27 Dated: 9-2-2022, issued by the 1st respondent and on the same analogy of similar orders passed in W.P.No. 2661 of 2024, dated: 6-2-2024, and W.P.No. 18195 of 2023, dated: 31-7- 2023, pending disposal of the above "writ petition and pass Counsel for the Petitioner:

1. CH VENKATA CHALLA RAO Counsel for the Respondent(S):

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

:: ORDER ::

The above writ petition is filed to declare the action of the respondent authorities in denying the candidature of the petitioner for promotion to the post of Joint Director from the cadre of Deputy Director, due to pendency of the charge memo issued by the respondent No.1 vide G.O.Rt.No.27 Industries & Commerce (Vigilance) Department, dated 09.02.2022, as illegal and arbitrary and contrary to G.O.Ms.No.679 General Administration (Ser.C) Department, dated 01.11.2008 and G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022.

2. Heard Sri Ch. Venkata Challarao, learned counsel for the petitioner and learned Assistant Government Pleader for Services appeared for the respondents.

3. A charge memo vide G.O.Rt.No.27 Industries & Commerce (Vigilance) Department, dated 09.02.2022 (Ex.P13), was issued to the petitioner. The petitioner submitted an explanation dated on 01.09.2023. However