Promotion to a non-selection post under Rule 5(b)(i) of the A.P. State and Subordinate Service Rules, 1996, cannot be deferred due to pending disciplinary proceedings; it can only be denied upon the actual imposition of a penalty.

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 a writ of mandamus, declaring the action of the respondents in not considering the case of petitioner for promotion to the post of Office Superintendent without reference to the charge memo vide proceedings No. 2846789/E1/ACB/2019-5 dated 14-07-2021 of the 2nd respondent is illegal, arbitrary, unjust, contrary to Rule 5 (b) (i) of A.P. State and Subordinate Service Rules, 1996 and violation of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the case of petitioner for promotion to the post of Office Superintendent in the ensuing promotions without reference to pendency of disciplinary proceedings initiated vide proceedings No. 2846789/E1/ACB/2019-5 dated 14-07-2021 of the 2nd respondent in terms of Rule 5 (b) (i) of A.P. State and Subordinate Service Rules, 1996 , and pass such

IA NO: 1 OF 2026

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 case of petitioner for promotion to the post of Office Superintendent in the ensuing promotions without reference to pendency of disciplinary proceedings initiated vide proceedings No. 2846789/E1/ACB/2019-5 dated 14-07-2021 of the 2"d respondent in terms of Rule 5 (b) (i) of A.P. State and Subordinate Service Rules, 1996 , pending disposal of the above writ petition and pass such

Counsel for the Petitioner:

1. KAVITHA GOTTIPATI

Counsel for the Respondent(S):

1. GP FOR MINES AND GEOLOGY

The Court made the following:

ORDER:

1. This Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondents in not considering the case of the petitioner for promotion to the post of Office Superintendent without reference to the charge memo vide proceedings of the 2nd respondent dated 14.07.2021, as illegal and arbitrary.

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

3. The case of the petitioner is that the 2nd respondent has not considered the case of the petitioner for promotion to the post of Office Superintendent, though the petitioner is fully eligible and qualified to hold the said promotional post. It is contended that the claim of the petitioner for promotion falls under Rule 5(b)(i) of the State and Subordinate Service Rules, 1996 and the action of the 2nd respondent in not considering the case of the petitioner is illegal and arbitrary.

4. The learned counsel for the petitioner submits that the subject matter of the present writ petition is squarely covered by the order passed by this Court in W.P.No.3873 of 2026, dated 10.02.2026, and seeks similar relief in the present case.

5. The issue involved in the present case has already been considered by a Division Bench of this Court in W.A. No.550 of 2022 ( State of A.P. vs. Ch. Venkata Rao ), wherein it was held as follows:

“4. On the other hand, the learned Government Pleader for Services I has referred to G.O.Ms.No.66 General Administration (Services.C) Department, dated 30.01.1991 to contend that when charges of misconduct are framed by the competent authority and served on the concerned delinquent officer, or a charge sheet has been filed against him in criminal court, his case for promotion is r