Andhra Pradesh High Court - Amravati
U. Rajendra Prasad vs The Joint Commissioner St on 20 September, 2024
1
APHC010578432022
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
FRIDAY ,THE TWENTIETH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 35074/2022
Between:
U. Rajendra Prasad ...PETITIONER
AND
The Joint Commissioner St and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. SANTHAPUR SATYANARAYANA RAO
Counsel for the Respondent(S):
1. M R TAGORE
2. GP FOR SERVICES I
The Court made the following:
ORDER :
This writ petition is filed under Article 226 of the Constitution of India for
the following relief:
"....to issue a Writ order or direction more particularly one in the nature of Writ of mandamus
A By declaring the entire action of the respondents particularly the entire action of the 1st
respondent in not considering the genuine claim of the petitioner for promotion to the post of
ACTO/GSTO while considering the names of juniors on the untenable ground that the ACB
registered a case in FIR No 7/RCTRJY/2020 on the file of the Special Judge for SPE and
ACB cases at Rajamahendravaram even though as on today no charge sheet is filed nor
other proceedings are pending in the absence of any valid proceedings is as highly illegal
arbitrary unjustt improper and contrary to Division Bench judgment dated 10 07 2 2014
014 in W P
No 18774/ 2014 and W.P..No.13359/2011 dated 16.09.2011 2011 r/w interim orders in
W.P.No.24438/2017 dated 25.07.2017 (B) Consequently to direct the respondents to
consider the case of the Petitioner for promotion to the post of ACTO/GSTO while
considering the cases of others/juniors in the existing vacancies by duly taking into account
that the petitioner is not facing any proceedings in view of Division Bench judgment dated
10.07.2014 in W.P.No.18774/ 2014 and W.P.No.13359/2011 dated 16.09.2011 r/w interim
orders in W.P.No.24438/2017 dated 25.07.2017 without reference to the pendency of the
FIR No 7/RCTRJY/2020 on the file of the Special Judge for SPE and ACB cases at
Rajamahendravaram and to pass..."
2. Heard learned counsel for the petitioner and learned counsels
appearing for the respondents.
3. On hearing, learned counsel for the petitioner submits that the matter is
squarely covered by the judgment passed by this Court in W.P.No..21762 of
2022 dated 12.09.2022, and hence, requests this Court to pass similar order
in this writ petition also. The operative portion of the said order is as follows:
"..Therefore, the respondents are directed to consider the case of the
petitioner for promotion to the post of Deputy Range Officer, without reference
to the charge Memo issued vide G.O.Rt.No.15 Environment, Forest, Science
and Technology (Ser.IV) Department, dated 14.2.2020. Furtehr, the
respondents are directed to complete the disciplinary enquiry pending against
the petitioner, as expeditiously, as possible...."
4. Learned Assistant Government Pleader appearing for the
respondents reported no objection to allow the present petition on the same
lines.
5. In view of the submission made by both the learned counsels and
upon perusing the entire material available on record, this Court deems fit to
allow the present writ petition in terms of the said order.
6. Accordingly, the Writ Petition is allowed in terms of the order passed
by this Court dated 12.09.2022 in W.P.No.21762 of 2022. There shall be no
order as to costs.
7. The Registry is directed to attach a copy of the order passed by this
Court in W.P.No.21762 of 2022, dated 12.09.2022 to this order. As a sequel,
interlocutory applications, if any pending, shall stand closed.
______________________________
DR. K. MANMADHA RAO, J.
Gvl
HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.35074 of 2022
Date : 20.09.2024
Gvl
