APHC010063452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

WEDNESDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3592/2025 Between:

T X Ajay Kumar ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. M R TAGORE Counsel for the Respondent(S):

1. GP FOR HOME The Court made the following ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Services appeared for respondents 1 to 3.

2. The petitioner, Inspector of Police, filed the above writ petition to declare the action of the respondent in not concluding the disciplinary proceedings in pursuance of the charge memo vide C.No.25/PR/2020 dated 25.07.2020 and further not considering his case for promotion due to pendency of the aforementioned charge memo, as illegal and arbitrary.

3. A charge memo vide C.No.25/PR/2020 dated 25.07.2020 (Ex.P.1) was issued to the petitioner. The petitioner submitted a written defence and thereafter, the Inquiry Officer was appointed. The Inquiry Officer submitted his report vide C.No.25/PR/2020 dated 04.10.2022 (Ex.P.2) to the disciplinary authority. The disciplinary authority has not concluded the inquiry so far.

4. Learned counsel for the petitioner would submit that the Director General of Police submitted the list of Inspector of Police (Civil) as per seniority list for ad-hoc promotion to the cadre of Deputy Superintendent of Police (Civil) for the panel year 2024-25. The name of the petitioner is shown in Sl.No.18. Learned counsel for the petitioner would submit that due to the pendency of the aforementioned charge memo, the respondents have not considered the petitioner’s case for promotion.

5. Learned Assistant Government Pleader for Services on instructions would submit that the case of the petitioner will be considered in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated

10.06.1999.

6. Learned counsel for the petitioner endorses the same.

7. The Government issued G.O.Ms.No.679 General Administration (Services-C) Department, dated 01.11.2008 and G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022 fixing the timeline to complete the inquiry in three months and six months in simple and complicated cases respectively.

8. In the case at hand, despite submitting the inquiry report, the disciplinary authority failed to consider the same.

9. Given the facts and circumstances of the case, without going into merits of the matter, the Writ Petition is disposed of at the admission stage, with the consent of learned counsel on either side directing the respondent authorities to consider the petitioner’s case for promotion, if he is in the zone of consideration for promotion strictly in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999 as and when DPC is constituted. Learned 2^nd respondent shall conclude the inquiry in terms of G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022.

No order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

___________________________ JUSTICE SUBBA REDDY SATTI Date: 12.02.2025 KA

228 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3592/2025 Date: 12.02.2025 KA