The Andhra Pradesh High Court recently reinforced the principle that a government employee cannot be denied promotion solely on the ground of a pending criminal investigation if no chargesheet has been filed. This ruling came while allowing a writ petition filed by a Junior Assistant from the Prohibition & Excise Department who was overlooked for promotion to the post of Sub Inspector, despite being eligible.
The petitioner was facing a criminal investigation registered as Crime No.13/RCT-ACB-OGL/2023 by the Anti-Corruption Bureau. However, the investigation was still ongoing, and no chargesheet had been submitted. Despite his seniority and eligibility, the department denied his promotion, favoring junior employees instead.
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“Unless a chargesheet is filed, it cannot be said that criminal proceedings are pending against an employee,”
— Justice Challa Gunaranjan, Andhra Pradesh High Court
The petitioner had earlier been suspended on 25 December 2023, but was reinstated on 17 March 2025. No departmental inquiry or disciplinary action had been initiated, nor was a chargesheet filed. Still, he was denied promotion on the grounds of the ongoing criminal investigation.
Supreme Court Precedent Strengthens the Petitioner’s Case
The court heavily relied on the landmark judgment by the Supreme Court in Union of India & Others vs. K.V. Janaki Raman & Others [(1991) 4 SCC 109], which clarified that promotions cannot be withheld simply because of a pending investigation unless a chargesheet is formally filed.
The High Court also referred to Government Order G.O.Ms.No.66, dated 30 January 1991, which echoes the same stance. This order clearly specifies that unless formal charges are filed, promotions should not be denied.
“Denying promotion on the mere pendency of investigation goes against the legal position laid down by the Apex Court,”
— Andhra Pradesh High Court
The petitioner requested that the court issue a Writ of Mandamus to declare the denial of promotion as illegal and violative of his constitutional rights under Articles 14 (equality before the law), 16 (equality of opportunity in public employment), and 21 (protection of life and personal liberty).
Respondents’ Argument and Court’s Rejection
The respondents contended that as per Standing Order No.74(2) of the AP Police Manual Volume-I, any person undergoing investigation or trial in a criminal case should not be considered for promotion. However, the court ruled that such administrative guidelines cannot override constitutional rights and binding judgments from the Supreme Court.
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“As the investigation has not resulted in filing of the charge sheet, the petitioner has every right to be considered for promotion.”
— Justice Challa Gunaranjan
The court allowed the writ petition and directed the authorities to consider the petitioner for promotion to the post of Sub Inspector based on his seniority and merit.
Case Title: SYED FARUQ AHMED v. THE STATE OF ANDHRA PRADESH
Case Number: WRIT PETITION NO: 10731/2025
