P. Balaji, Vs The State of Andhra Pradesh

P. Balaji, S/o P. Venkata Krishna Rao, Aged 58 years, Inspector of Police, Guntur Range, CCS, Narasaraopeta, Palnadu District, R/o Ravipadu of Narasaraopeta, Palnadu District.

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Velagapudi, Guntur District.

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The Director General of Police, State of Andhra Pradesh, Mangalagiri, Guntur District.

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The Deputy Inspector General of Police, Guntur Range,^Guntur.

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...Respondents

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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 of Mandamus or any other appropriate Writ declaring the action on the part of the respondents in not considering^{theclaimofthe} petitioner for promotion to the post of Deputy Superintendent^{ofPoliceonthe} ground of pendency of disciplinary proceedings before^{theCommissionerate} of Inquiries vide Notice No.96/COI.RPT/2023, Dt.01.05.2023 in relation to the incident said to have taken place during the year 2011-12 and considering the

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claim of the juniors for promotion as Deputy Superintendent^{ofPoliceinthe} successive Departmental Promotion Committee meetings as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and V consequently direct the respondents to consider the claim of the petitioner through Review DPC for promotion to the post of Deputy Superintendent of Police without reference to the disciplinary proceedings pending before the Commissionerate of Inquiries vide Notice No.96/COI.RPT/2023,' Dt.01.05.2023

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the claim of the petitioner for promotion to the post of Deputy Superintendent of Police without reference to the disciplinary proceedings pending before the Commissionerate of Inquiries vide Notice NO.96/COI.RPT/2023, Dt.01.05.2023, pending disposal of the present Writ Petition

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Counsel for the Petitioner: SRI V MAHESWAR REDDY

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Counsel for the Respondents No.1 to 3: GP FOR SERVICES I

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The Court made the following order:

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APHC010397542025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3460]

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(Special Original Jurisdiction)

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MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 20259/2025

Between;

P. Balaji

...PETITIONER

AND

The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.VMAHESWAR REDDY

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Counsel for the Respondent(S):

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1.GP FOR SERVICES I

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The Court made the following:

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 20259/2025

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The present Writ Petition is filed aggrieved by the^inactionof the Respondents in not promoting the Petitioner to the post of Deputy Superintendent of Police on the ground of pendency^of disciplinary proceedings before the Commissionerate of Inquiries in relation to the incident said to have taken place during year 2011-2012.

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The Petitioner was initially appointed as Sub Inspector^of Police in the year 1991 and thereafter, he was promoted as Inspector of Police in the year 2009. While so, on the basis of certain allegations, a Tribunal for Enquiry was constituted^with regard to the involvement of the Petitioner in connection with certain bribe amounts from wine shop owners in Karimnagar District. As the Tribunal for Disciplinary Proceedings was abolished, the case of the Petitioner was transferred to the Commissioner of Inquiries subsequently.

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The grievance of the Petitioner is that the alleged^incident mentioned in the Disciplinary Proceedings pertains to 2011-2012, and the enquiry against the Petitioner is still pending, and the

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pending enquiry against the Petitioner is leading to denial of promotion and in that context, the Petitioner filed the present Writ Petition seeking for promotion as Deputy Superintendent^as his juniors were already promoted to the said post.

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Learned counsel for the Petitioner relied on the interim order passed by a Division Bench of this Court in I.A.No.02 of 2025 in W.A.No.751 of 2025, wherein the case of similarly placed person were considered for promotion to the post of^Additional Superintendent of Police without reference to the enquiry proceedings.

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Learned Assistant Government Pleader would contend that the case of the Petitioner would be considered in terms of G.O.Ms.No.257, General Administration (Ser.C) Department,^dated 10.06.1999. .

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Having heard the respective counsel and taking into consideration the fact that similarly situated person^wasdirected to be considered without reference to the Disciplinary Proceedings by the Hon’ble Division Bench of this Court in W.A.No.751 of 2025, the Respondent Authorities are^directedto consider the case of the Petitioner for promotion to the post of

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Deputy Superintendent without reference to the disciplinary proceedings pending before the Commissionerate of Inquiries.

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