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 declaring the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Deputy Superintendent of Police for the panel year of 2025-26 solely on the ground of pendency of criminal case in Crime N0.O2/RCT-ACB- GNT/2018 (CC No. 9 of 2019 before the Hon’ble Court of Special Judge for SPE and ACB Cases, Vijayawada), as contrary to law, illegal, arbitrary, unconstitutional and violative of Articles 14 and 16 of the Constitution of India and contrary to G.O.Ms.No.257 dated 10.06.1999 and consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Deputy Superintendent of Police for the panel year 2025-26 without reference to the pending criminal proceedings and pass

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 to direct the respondents to consider the candidature of the petitioner for promotion to the post of Deputy Superintendent of Police, for the panel year 2025-26 without reference to the pending criminal case in Crime No.02/RCT-ACB-GNT/2018 (CC No. 9 of 2019 before the Hon’ble Court of Special Judge for SPE and ACB Cases, Vijayawada), pending disposal of the above writ petition and pass

Counsel for the Petitioner:

1.P SAI SURYA TEJA

Counsel for the Respondent(S):

1.GP FOR SERVICES I

2.

The Court made the following Order:

Heard Sri Posani Venkateswarlu, learned Senior Counsel assisted by Sri P. Sai Surya Teja, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for the respondents.

2. The petitioner was placed under suspension with effect from 23.02.2018 with reference to the Office proceedings vide C.No.1009/G1/2018 (ROO.No.84/2018) dated 23.02.2018. The departmental proceedings were initiated against the petitioner. Later, the petitioner was released from suspension vide proceedings, dated 22.08.2019. The Deputy Inspector General of Police, South Coastal zone, Guntur Range, Guntur proposed to award punishment vide C.No.17/PR/2019, dated 24.08.2022 (Ex.P7). The same were culminated in the proceedings of the Inspector General of Police, South Coastal zone, Guntur Range, Guntur, vide proceedings C.No.17/PR/2019 (ROO No.705/2024), dated 21.08.2024.

3. The petitioner filed a statutory appeal. The punishment awarded to the petitioner was set aside by proceedings vide D.Dis.No.73/T4/2025, dated 06.08.2025, by the Director General of Police, Andhra Pradesh, Mangalagiri.

4. The police also registered a case in Crime No.02/RCT-ACB-GNT/2018 under Sections 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 and Section 34 IPC. The Police filed a final report on the file of the Special Judge for SPE & ACB cases, Vijayawada. The jurisdictional Court numbered it as Calendar Case vide C.C.No.09 of 2019, and the same is pending.

5. Learned Senior Counsel would submit that, though the disciplinary proceedings initiated by the Department have been concluded, the case of the petitioner was not considered for promotion, due to the pendency of the Criminal case vide C.C.No.09 of 2019 on the file of the Special Judge for SPE & ACB, Vijayawada. The imputations in the departmental proceedings and allegations in the criminal proceedings are the same. Hence, the candidature of the petitioner can be considered for promotion.

6. On the other hand, the learned Assistant Government Pleader would submit that the Government issued G.O.Ms.No.257, General Administration (Services-C) Department, dated 10.06.1999, to meet the contingency of this nature. Learned counsel would submit that, if the petitioner’s case is in the zone of consideration,