R Dharmendra Babu vs The State Of Ap on 20 January, 2025

Andhra Pradesh High Court – Amravati

R Dharmendra Babu vs The State Of Ap on 20 January, 2025

APHC010017712025
                      IN THE HIGH COURT OF ANDHRA                   [3331]
                                  PRADESH
                               AT AMARAVATI
                        (Special Original Jurisdiction)

                   MONDAY, THE TWENTIETH DAY OF JANUARY
                      TWO THOUSAND AND TWENTY FIVE

                                   PRESENT

          THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

                         WRIT PETITION NO: 1073/2025

Between:

   1. R DHARMENDRA BABU, S/0. MADANA MOHANA RAO, AGED 54
      YEARS, WORKING INSPECTOR OF POLICE,       COMMAND
      CONTROL, TIRUPATI DISTRICT

                                                               ...PETITIONER

                                     AND

   1. THE STATE OF AP, REPRESENTED BY ITS    PRINCIPAL
      SECRETARY HOME DEPARTMENT, SECRETARIAT BUILDINGS
      AMARAVATI, GUNTUR DISTRICT, AP.

   2. THE DIRECTOR GENERAL              OF     POLICE   AP,    MANGALAGIRI,
      GUNTUR DISTRICT.

   3. THE INSPECTOR GENERAL OF POLICE, SCZ,GUNTUR RANGE,
      GUNTUR DISTRICT.

   4. THE DEPUTY INSPECTOR                OF     POLICE,      SCZ   ,GUNTUR
      RANGE,GUNTUR DISTRICT

                                                          ...RESPONDENT(S):

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 or Order more in the nature of Mandamus in declaring
the action of the respondents in not promoting the petitioner to the post of
2

Deputy Superintendent Of Police ,as illegal, arbitrary, unjust, and violative of
Articles 14 and 16 of the Constitution Of India and consequentially direct the
respondents to consider the case of the petitioner for promotion to the post of
Deputy Superintendent Of Police in terms GO Ms No 257 Administration
(SER.C) Department dated 10.06.1999, and pass

IA NO: 1 OF 2025

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 case of the petitioner for promotion to
the post of Deputy Superintendent Of Police in terms GO Ms No:257
Administration (SER.C) Department dated: 10.06.1999, and pass

Counsel for the Petitioner:

1. K R SRINIVAS

Counsel for the Respondent(S):

1. GP FOR SERVICES I

The Court made the following ORDER:

Heard Sri K.R.Srinivas, learned counsel for the petitioner and Sri
S.Raju, learned Assistant Government Pleader for Services-I appeared for the
respondents.

2. A charge memo vide C.No.02/PR/2012, dated 28.02.2012 (Ex.P.1) was
issued to the petitioner. The inquiry was completed and the inquiry officer
submitted report to the Disciplinary authority. A criminal case vide Crime
No.13/RCT-ACB-VJA/2012 was also registered against the petitioner under
Sections 7 & 13 (2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988. The
petitioner filed W.P.No.11574 of 2019 to stay further proceedings in the
Departmental inquiry till disposal of C.C.No.27 of 2014 on the file of the
Special Judge for SPE & ACB Cases, Vijayawada and the said writ petition
was disposed of on 26.08.2019 restraining the respondents therein to proceed
further in disciplinary proceedings pending C.C.No.27 of 2014.

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3. Another charge memo vide C.No.26/PR/2022, dated 18.05.2022
(Ex.P.3) was issued to the petitioner. The petitioner submitted an explanation.
Thereafter, an inquiry officer was appointed on 30.04.2024. However, the
inquiry was not concluded so far.

4. At the hearing, learned counsel for the petitioner would submit that
though the petitioner is eligible for promotion, his candidature is not
considered due to pendency of the aforementioned charge memos and
criminal case. Learned counsel for the petitioner has confined his arguments
and urged to direct the respondents to follow G.O.Ms.No.257 General
Administration (Ser.C) Department, dated 10.06.1999. Learned Assistant
Government Pleader did not refute the said contention.

5. The Government issued G.O.Ms.No.257, dated 10.06.1999 to meet the
contingency referred to supra.

6. Given the facts and circumstances of the case, without touching the
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 respondents 1
to 4 to consider the petitioner’s case for promotion to the post of Deputy
Superintendent of Police, strictly in terms of G.O.Ms.No.257, dated
10.06.1999, if the petitioner’s candidature is in the zone of consideration
whenever DPC is constituted. No order as to costs.

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

___________________________
JUSTICE SUBBA REDDY SATTI

Date: 20.01.2025
KA
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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 1073/2025

Date: 20.01.2025
KA