Disposed¶58

Sri Basava Srinivasa Rao v. The State of Andhra Pradesh

Andhra Pradesh HC1 Sept 2025WP/22149/2025

Case brief

AI extract

What is this about?

Panchayat Secretary Grade-II promotion denial; deferred promotion during disciplinary proceedings; suspension 29.05.2023 and reinstatement 21.10.2024; no charge memorandum; no criminal charge sheet; G.O.Ms.No.66 dated 30.01.1991 deferment criteria; G.O.Ms.No.257 dated 10.06.1999; writ of mandamus under Article 226; Articles 14 and 16; Section 151 CPC; Andhra Pradesh Panchayat Raj services; Nyapathy Vijay, J.

What did the court decide?

Respondent Authorities directed to consider the Petitioner's case for promotion to the post of Panchayat Secretary Grade-II in terms of G.O.Ms.No.66 dated 30.01.1991; no order as to costs; pending applications, if any, stand closed. ¶58

Sri Basava Srinivasa Rao Vs The State of… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the action of the Respondents in not promoting the Petitioner from the post of Panchayat Secretary Grade-III to Grade-II, despite proceedings dated 18.07.2025, was illegal and arbitrary. +1 more

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Court's answer

The Respondent Authorities were directed to consider the case of the Petitioner for promotion to the post of Panchayat Secretary Grade-II in terms of G.O.Ms.No.66 dated 30.01.1991, and the writ petition was disposed of accordingly with no order as to costs.

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Ratio / Principle

As per G.O.Ms.No.66 dated 30.01.1991 (extracted by the Court), promotion/appointment by transfer to a higher post in respect of officers facing disciplinary proceedings or a criminal case shall be deferred only when charges of misconduct are framed by the competent authority and served on the delinquent officer, or a charge sheet has been filed against him in Criminal Court.

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Detailed headnote1 paragraphs

High Court of Andhra Pradesh at Amaravati (Nyapathy Vijay, J.), W.P.No.22149 of 2025, disposed on 02/09/2025: The Petitioner, a Panchayat Secretary Grade-III, complained that his promotion to Panchayat Secretary Grade-II was withheld on account of a contemplated disciplinary enquiry, although he had been reinstated on 21.10.2024 following suspension on 29.05.2023 over alleged misappropriation of Gram Panchayat funds, with no Charge Memorandum issued in the disciplinary proceedings and no charge sheet filed in any criminal case, while other similarly placed employees were promoted on 19.07.2025. The Court noted G.O.Ms.No.66 dated 30.01.1991, under which promotion/appointment by transfer to a higher post is to be deferred only when charges of misconduct are framed by the competent authority and served on the delinquent officer, or a charge sheet has been filed in Criminal Court. Disposing of the writ petition, the Court directed the Respondent Authorities to consider the Petitioner's case for promotion in terms of that G.O.; no costs; pending applications closed.

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i ‘"V’ •

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APHC010434992025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY, THE SECOND DAY OF SEPTEMBER 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:22149 OF 2025*

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Between:

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Sri Basava Srinivasa Rao, S/o. Narayana Rao, aged 52 years, Presently working as Panchayat Secretary, Grade-Ill, Brahmantarla Gram Panchayat, Palasa Mandal, Srikakulam District, Andhra Pradesh.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj & Rural Development Department, Secretariat, Velagapudi, Amaravati.

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The Commissioner, Panchayat Raj & Rural Development Department, Tadepalli, Guntur District. ,

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The District Collector, Srikakulam, Srikakulam District.

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The District Panchayat Officer, Srikakulam, Srikakulam^District.

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The Sarpanch, Brahmantarla Gram Panchayat, Brahmantala,^Palasa Mandal, Srikakulam District.

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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 Order of direction particularly^one in the nature of WRIT OF MANDAMUS to declare the action of the respondents in not promoting the petitioner to the post of Panchayat Secretary^{Grade-llfromthe} post of Panchayat Secretary-Ill inspite of proceedings Vide Progs.

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'3»

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E.No.86933/2025 A2 Dated 18.07.2025 and thereby granting promotions to the said post for other similarly placed employees vide proceedings Vide PROCE.RC.No.808/2024 P3 dated 19.07.2025 as illegal arbitrary, discriminatory, against the principles of natural justice and contrary to Articles 14, 16 of constitution of India and consequently direct the respondents to promote the petitioner on par with other sinnilarly promoted employees vide (

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proceedings dated 19.07.2025.

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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 promote the petitioner in^{termsofG.O.Ms.No.257} .dated 10.06.1999.

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Counsel for the Petitioner: SRI PILLA N.V.L.NARAYANA ADITYA Counsel for the Respondents: GP FOR SERVICES I

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The Court made the following order:

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APHC010434992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3460]

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TUESDAY,THE SECOND DAY OF SEPTEMBER 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: 22149/2025

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Between:

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Sri Basava Srinivasa Rao

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...PETITIONER

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AND

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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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I.Pilla N.V.L.Narayana Aditya

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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 HON’BLE SRI JUSTICE NYAPATHY VIJAY

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W.P.No.22149 of 2025

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ORDER:

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The present Writ Petition is filed to declare the action^of the Respondents in not promoting the Petitioner to the post of Panchayat Secretary Grade-ll from the post of Panchayat Secretary Grade-Ill inspite of proceedings dated 18.07.2025^as illegal and arbitrary.

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The Petitioner is working as Panchayat Secretary GradeIll and now he is eligible and qualified for promotion to the post of Panchayat Secretary Grade-Ill.

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The grievance of the Petitioner is that his promotion^to the post of Panchayat Secretary Grade-ll is not being considered on account of contemplated disciplinary enquiry. The Petitioner was suspended from service on 29.05.2023^on the premise that there has been misappropriation of^fundsof the gram Panchayat and thereafter he reinstated into service on 21.10.2024. However, according to the Petitioner, no Charge Memorandum was issued in the Disciplinary Proceedings nor any Charge Sheet has been filed in^criminal

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case.

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The learned Government Pleader would submit that the case of the Petitioner would be considered for promotion in terms of G.O.Ms.No.66, dated 30.01.1991.

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Having heard the respective counsel, G.O.Ms.No.66 dated 30.01.1991 states that the promotion/appointment by transfer to a higher post should be deferred only when charges of misconduct are framed by the competent authority or a Charge sheet has been filed against him in Criminal^Court. The relevant paragraph of the said Government Order is extracted hereunder:

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“ Government, however, hereby direct that promotion/appointment by transfer to a higher post in respect of officers who are facing disciplinary proceedings or a criminal case or whose conduct is under investigation and whose case falls under the group referred to in para 2 (Hi) of the G.O first read above, shall be deferred, only when charges of misconduct are framed by the competent authority and served on the concerned Delinquent Officer; or a Charge sheet has been filed against him in Criminal Court, as the case may be”.

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