Andhra Pradesh High Court - Amravati
K Rajasekhara Rao vs The State Of Andhra Pradesh on 3 January, 2023
ty,
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT!
(SPECIAL ORIGINAL JURISDICTION)
TUESDAY, THE THIRD O4Y OF JANUARY '
TWO THOUSAND AND TWENTY THREE «
"PRESENT:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIV
WRIT PETITION NO: $2470 OF 3022 ~
Between: .
vK Ralasekhara R Red, Svo.k. Daniel, Age 54 years, VWerking as Divisional Farest
Officer, Krishna CNstrict,
. Peitaner
AND
4. The State of Andhra Pradesh, Rep. by is Soecai Chief Secretary Dens:
of Environment, Forest, Scrsnos and Technology, Secretariat, Velagapu
. Amaravathi, Guntur (iat.
2x The State of AP, Rep. by its Princiasl Secretar ry (Politica GAD Denartment,
. becretarial, Velagapudi, Arnaravathi, Guntur Dist,
3. The Princh ipal Chie? Conservator of Forests, Head of Fareat Force, Guntur,
. AMGHre Pradesh
4. Union Public Servios Commission, Rep. by ts Secretary, Ohalour House
New Delhi.
8. Union of india, Rep. by its Secretary, Ministry of Environment, Forests snd
Climate Changa, New Delhi.
Respondents
Petition under Article 226 of the Constitution of India praying that in ihe
ciroumsiannes stated in the affidavit fled therewith, the High Court may be pleased
ta isaue a Wri, Order or direction more in the nature of Mand lamus quashing the
article of charges issued in G_O.RT.No.S-EFSTD on the ground of inordinate delay
in intaling and completing disciplinary proosedinigs keeping in view the judgments'
raferrad by Han'bie Supreme Court of India reported in 2008 (8) SCO 88, 2005 (8)
SCO 836, 1988 (4) SCC 164 and not consiiering the case for prometion im IFS is
contrary to the law laicd-dawn by 1986 (2) SCC §70, 2010 64) ALT 3 74 DS and to
declare petitioner ae entitled for promotion fo be post of IFS without refisrence to the
article of surcharges.
AA NO oT OF 2022
Petition under Section 187 CPO p: Fayin g that in the CVCUMSTANLRS stated in
the affidavit filed In support of the WH pethiy on, the High Court may be pleased to
creat ihe respondent to consider the case of the peitioner for promotion to IFS
without reference fo the Artinies of Surcharges issued in G.OLRtNa SF EPSTD dated
O89. 71.2021, pending disposal of WF 42470 of S082, on the file of the Nigh Court.
4HANO: 2 OF 2022
Petition under Section 157 CPC sraying that In the circumstance s stated in
the affdavil Med in support of the writ petition, the High Cou wirmay be pleased to stay
all further p praceedings in pursuance fo the article of cha: fges | issued iG, O. Rt No oF
EFSTYD dated 09.71.2027, panding disnoagl of WP 42470 of 2022, on the fle of the
High Court
The petition corning on for Rearing, upon perusing the Petition and the
affidavit Aled in support thereof and upon hearing the arguments of Mis. PV
Ramana, Aciverate for the mes mer, GP for Berviees-] for Respondent Nos.t fo 3
and Sri N.Harinath, Depuly Solicitor General for Respondent Nos.4 & §, the Court
rade the following
ORDER:
"Heard learned counsel for the petiener and learned Government
leader for Sarvices-(.
Leamed sounsel for te psiiioners would submit that In similar
cirrumetances, by an arder dated 02.07.2021 in W.AP.No.T{[email protected] of 2027, this
Gourt granted an interiy order.
Learnad Government Pleader for Sarvices-l appearing for the respandents
has not disputed the submission made by the learned counsel for the
patitioners
in View of the abovs, this Court deema fit and appropriate to extend the
sane benefit to the petitioner herein aise"
Accordingly, there shall be an interim direction to the respondents to
consider the case of the petitioner for promotion to IPS without reference fo
the Articles of Surcharges issued in G.O.RiLNo.o? EPSTD dated 09,74, 2024_---
Respondents are directed to Nis the counter In thras weeks.
List the matter on S14P).2dg3."
Sai. 8, SRINIVASA PRASAD
ASSISTANT TREGISTRAR
TRUE GOPY/
: Po: SECTION OFFICER
@, _
1. The Special Chief Seorstary Oepartment of Eratronment, Forest, Science and
Yechnology, State of Andhra Pradesh, Secretariat, Valagapudi, Amaravath,
Suntuy Diet,
2. ?he Princinal Secretary (Pontcall GAD Deoariment State of A.P., Secretariat,
agapudi, Amaravatht, Courtur Dist.
3. The Principal Chief Conservator of Foresis, Nead of Forest Force, Guntur,
Andhra Fracesh,
The Secretary, Union Publis Servios Conunission, Dholpur House, New Deihi,
. The Se acrelary, Union of india, Ministry of Erwironment, Forests and Climate
Changs, New Oeihl. (1 te § by RPA
S. One CC fo Mis. PV Ramana, Advocate [OP UCI
*. One CO to SAN. Harinath, Deputy 3 Soler General (PUG)
8 Twe CCs te GP tor Services-1, High Gaurt of Andhra Pradesh. [QUT]
Q
One spare co
NIGH COURT
NV
DATED ONO 2023
ORDER
LIST THE MATTER ON 34.04.2023
WP No 42470 of 2022
INTERIM DIRECTION
