A. Venkateswarlu Vs Easter Power… — Writ and Judicial Review | Andhra Pradesh HC (2025)

A. Venkateswarlu Vs Easter Power… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

None; the Writ Petition was disposed of with no order as to costs, and pending applications, if any, stand closed.

Issue for consideration

Whether the action of the Respondents in not considering the Petitioner for promotion to the post of Assistant Divisional Engineer (ADE) on the ground of pendency of Criminal Case CC.No.48 of 2016 is illegal, arbitrary and discriminatory, and whether the Petitioner ought to be considered for promotion along with other candidates in the seniority list without reference to the pendency of the criminal case.

Court's answer

Taking into account the submissions and the material on record, this Court disposed of the Writ Petition, making no order as to costs.

Key takeaways

On perusal of the material on record, the Court noted that the criminal case CC No.48 of 2016 (earlier on the file of the Court of Special Judge for SPE and ACB Cases, Vijayawada) now figures before the Court of Special Judge for SPE and ACB Cases, Rajahmundry as re-numbered CC No.101 of 2018.¶27

Detailed headnote1 paragraphs

A. Venkateswarlu, Assistant Engineer (Petitioner), moved Writ Petition No. 7767 of 2018 before the High Court of Andhra Pradesh at Amaravati under Article 226 of the Constitution of India, seeking a mandamus directing the Eastern Power Distribution Company of A.P. Ltd. and its Chief General Manager/HRD to consider him for promotion to Assistant Divisional Engineer (ADE) along with other candidates in the seniority list, notwithstanding the pendency of Criminal Case CC.No.48 of 2016 before the Court of the Special Judge for SPE and ACB Cases, Vijayawada. When the matter was called, none represented the Petitioner. The Standing Counsel for the respondent-Corporation submitted that the Petitioner had filed several writ petitions with the very same prayer — one of them, WP No.24546 of 2024, having been disposed of on 29.11.2024 — and that the Petitioner's name stood at Serial No.7 in the present panel, rendering further orders unnecessary. The Court further noted, on perusal of the record, that CC No.48 of 2016 now figures before the Court of Special Judge for SPE and ACB Cases, Rajahmundry as re-numbered CC No.101 of 2018. For the foregoing reasons, the Writ Petition was disposed of; no order as to costs; pending applications, if any, stand closed.

APHC010178462018

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

[3396]

TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 7767/2018

Between:

A. VENKATESWARLU, OCC ASSISTANT ENGINEER, R/O. PRATHIPADU VILLAGE AND MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER

AND

EASTER POWER DISTRIBUTION COMPAN OF A P LTD, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, P AND T COLONY, SEETHAMMADHARA, VISAKHAPATNAM - 530 013.

THE CHIEF GENERAL MANAGER / HRD, EASTERN POWER DISTRIBUTION COMPANY OF A.P. LIMITED, P AND T COLONY, SEETHAMMADHARA, VISAKHAPATNAM - 530 013.

...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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Assistant Divisional Engineer (ADE) on the ground of pendency of Criminal Case in CC.No.48 of 2016 on the file of the Court of the Special Judge for SPE and ACB Cases, Vijayawada as illegal, arbitrary and discriminatory and consequently direct the Respondents to consider the case of the Petitioner for promotion to the post of Assistant Divisional Engineer (ADE) along with other candidates in the seniority list without reference to the pendency of the criminal case forthwith

Counsel for the Petitioner:

1.A PRABHAKAR RAO

Counsel for the Respondent(S):

1.V V SATISH (SC for APEPDCL)

The Court made the following:

ORDER :

The instant Writ Petition is filed by the Petitioner seeking indulgence of

this Court under Article 226 of the Constitution of India for the following relief:

2

“ ... to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Assistant Divisional Engineer (ADE) on the ground of pendency of Criminal Case in CC.No.48 of 2016 on the file of the Court of the Special Judge for SPE and ACB Cases, Vijayawada as illegal, arbitrary and discriminatory and consequently direct the Respondents to consider the case of the Petitioner for promotion to the post of Assistant Divisional Engineer (ADE) along with other candidates in the seniority list without reference to the pendency of the criminal case forthwith ....”

When the matter is called, none represented for the Petitioner.

Learned Standing Counsel for respondent-Corporation would submit that with the very same prayer, Petitioner has filed number of writ petitions and one of such WP No.24546 of 2024 was disposed of on 29.11.2024. However, the name of the Petitioner was mentioned in the present panel and his name stood at Serial No.7 and that no further orders are necessary.

A perusal of the material on record, CC No.48 of 2016 on the file of the Court of Special Judge for SPE and ACB Cases, Vijayawada to the Court of Special Judge for SPE and ACB Cases, Rajahmundry and re-numbered as CC No.101 of 2018.

For the foregoing reasons, the Writ Petition is disposed of. No order as to costs.

Pending applications, if any, shall stand closed.

DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA

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3

HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA

Writ Petition No. 7767 of 2018

08.07.2025

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