WP/36261/2025 of Peteti Srinivasa Rao, Vs The State of Andhra Pradesh on 1 February 2026

1. PETETI SRINIVASA RAO,, S/O LOKANADHAM, R/O 5-4-79, PEDA JALARI PETA, NEAR WALTAIR DEPOT, PEDDA WALTAIR, L.B. COLONY, VISHAKHAPATNAM, AP - 530017

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRI. SECRETARY,

HOME DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522238.

2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, MANGALAGIRI,

GUNTUR DISTRICT, ANDHRA PRADESH - 522503.

3. THE COMMISSIONER OF POLICE, VISHAKHAPATNAM POLICE COMMISSIONERATE, SURYABAGH, VISHAKHAPATNAM, AP - 530020.

...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 may be pleased to issue Writ or Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not promoting the petitioner to the post of Assistant Sub- Inspector of Police from Head Constable against the existing vacancies that a Major PR pending without reference to the Anti Corruption Bureau trap case

DR,J W.P.No.36261 of 2025

Crime number 21/RCT- ACB-VSP/2013 of Anti Corruption Bureau, Vishakhapatnam Range as illegal, arbitrary, unjust and contrary to Rule 5 (b)

(i) of the Andhra Pradesh State Subordinate Service, 1996 (Herein after referred to as the Rules) and against to the orders in W.A.NO 550 of 2022 dated 06.09.2022 and I.A.NO 01 of 2024 in W.P.NO 13792 of 2024 dated 03.07.2024 and consequently to direct the 2nd respondent to consider the representation of the petitioner dated 29.10.2025 and to pass such Counsel for the Petitioner:

1. SRINIVASULU P Counsel for the Respondent(S):

1. GP FOR SERVICES I

DR,J W.P.No.36261 of 2025

The Court made the following ORDER:-

The writ petition is filed seeking the following relief: “… pleased to issue Writ or Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not promoting the petitioner to the post of Assistant Sub-Inspector of Police from Head Constable against the existing vacancies that a Major PR pending without reference to the Anti Corruption Bureau trap case Crime number 21/RCT- ACB-VSP/2013 of Anti Corruption Bureau, Vishakhapatnam Range as illegal, arbitrary, unjust and contrary to Rule 5 (b) (i) of the Andhra Pradesh State Subordinate Service, 1996 (Herein after referred to as the Rules) and against to the orders in W.A.NO 550 of 2022 dated 06.09.2022 and I.A.NO 01 of 2024 in W.P.NO 13792 of 2024 dated 03.07.2024 and consequently to direct the 2nd respondent to consider the representation of the petitioner dated 29.10.2025 …”

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents.

3. Learned counsel for the petitioner would submit that the petitioner was appointed as Police Constable on 02.08.1990 and he was promoted as Head Constable on 28.03.2013. While he was working as Head Constable, a case was registered in Cr.No.21/RCT-ACB-VSP/2013 of Anti Corruption Bureau, Visakhapatnam as he allegedly accepted bribe amount to a tune of Rs.50,000/- from one Mr.Garapati Dharma Raju. In that connection, a memorandum of Article of Charge was served against the petitioner vide C.No.21/2/PR/2013 of the Commissioner of Police, Visakhapatnam City. It is

DR,J W.P.No.36261 of 2025

further submitted that the crime registered by the ACB was converted into departmental enquiry due to insufficient evidence and later it was transferred to commissioner of Inquiries and the same is pending.

4. Learned counsel for the petitioner placed reliance upon the order of Division Bench in W.A.No.550 of 2022. In the said order, the Division Bench observed as follows: “7. In the Division Bench judgment in State of Andhra Pradesh rep., by its Secretary, Home Department vs. Motupalli Narasimha Raju, Writ Petition No.3099 of 2017, dated 27.08.2021, a Coordinate Bench has held that the post of Head Constable is a non-selection post for the purposes of promotion and therefore, in view of Rule 5(b)(i) of the Andhra Pradesh State and Subordinate Service Rules, 1996, the promotion can be deferred only upon imposition of penalty and not otherwise. It has also been held that the additional embargo, if any created under a G.O., which is not issued in exercise of powers under Article 309 of the Constitution of India, would not override Rule 5(b)(i) of the Rules, which clearly states that promotion to a non-selection post may be denied only if the incumbent is subjected to a penalty and not otherwise. Thus, neither G.O.Ms.No.424, General Administration (Services.C) Department, dated 25.05.1976 nor G.O.Ms.No.66, General Administration (Services.C) Department, dated 30.01.1991 would come in the way of the writ petitioner to claim relief of promotion as has been held by the learned single Judge…”

5. Given the facts and circumstances of the case and in view of order of the Division Bench, this Court deems it appropriate to direct the respondents to consider the case of the petitioner for promotion to the post of ASI in terms

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of Rule 5(b) of the Andhra Pradesh State Subordinate Service Rules, 1996 without reference to the pendency of criminal case.

6. Accordingly, the writ petition is disposed of. No costs.

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

_______________________ JUSTICE D.RAMESH

Date: 02.02.2026

Dvs

DR,J W.P.No.36261 of 2025

THE HONOURABLE SRI JUSTICE D.RAMESH

WRIT PETITION No.36261 of 2025

Dated: 02.02.2026

Dvs