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2020 DIGILAW 633 (AP)

M. Ram Mohan v. State Of Andhra Pradesh

2020-10-01

BATTU DEVANAND

body2020
JUDGMENT Battu Devanand, J. - This writ petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondents in not considering the petitioner's claim for promotion as Grade-I Municipal Commissioner on the ground of pendency of disciplinary proceedings as arbitrary and illegal. 2. Heard the learned counsel for the petitioner and learned Government Pleader for Services-III appearing for the respondents. 3. Learned counsel for the petitioner submits that the petitioner is not being considered for the post of Selection Grade Municipal Commissioner on the ground that charge memos bearing G.O.Rt.No,496 Municipal Administration & Urban Development (VIG.I.1) Department, dated 15.05.2018 and the consequential G.O.Rt.No.1079, Municipal Administration & Urban Development (VIG.I) Department dated 20.11.2018 were issued against respondent No.1 4. The charge memos were issued on 22.11.2018 and 25.02.2019 and since then, no enquiry was ordered. Learned counsel relies on an order, dated 04.09.2019, in W.P.No.12848 of 2019 of this Court in a similar set of facts. In the said order, this Court relied on a judgment Government of Andhra Pradesh, represented by its Principal Secretary, Revenue Department and another v. A. Rajeswara Reddy, Deputy Collector, presently, on deputation as Deputy Administrator at Govt. Pleaders Office, High Court of A.P., Hyderabad, (2010) 4 ALT 374 (D.B.) , wherein it is held that the disciplinary proceedings initiated against an employee of Government are to be completed within three months in simple cases and six months in complicated cases as per the policy decision taken by the Government in G.O.Ms.No.257, General Administration (Services-C) Department, dated 10.06.1999. In the same case, the Division Bench also directed the concerned authorities to consider the case of the employee therein for promotion without reference to the pending disciplinary proceedings while upholding the order of the Administrative Tribunal and the respondents therein are directed to take into consideration the case of the petitioner also for promotion without reference to the disciplinary proceedings pending against her and pass appropriate orders in terms of the prevailing Government Orders and in accordance with law. 5. 5. Having regard to the above judgment, this Court deems it fit to direct the respondents to take into consideration the case of the petitioner also for promotion without reference to the disciplinary proceedings pending against him and pass appropriate orders in terms of the prevailing Government Orders i.e., G.O.Ms.No.257, G.A. (Ser.C) Dept., dated 10.06.1999, within a period of eight (8) weeks from the date of receipt of a copy of this order, without reference to the charge memos, dated 15.05.2018 and 20.11.2018 of respondent No.1. 6. The Writ Petition is, accordingly, disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.