1
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.21114 of 2022
ORDER:
Heard the learned counsel for the petitioner and learned Government Pleader for Service-VI.
2. The Writ Petition is filed questioning the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Executive Engineer consequent on the acquittal order in C.C.No.15 of 2015, dated 06.01.2017 in terms of G.O.Ms.No.529, G.A. (Services- C) Department, dated 19.08.2008 as arbitrary and illegal.
3. The case of the petitioner is that while he was working as Deputy Executive Engineer, he was suspended from service on 10.07.2014 in view of pendency of ACB case filed against him in C.C.No.15 of 2015 the Special Judge for SPE and ACB cases, Kurnool; subsequently, he was reinstated into service, pending finalization of the criminal proceedings; Special Judge for SPE and ACB cases, Kurnool, acquitted the petitioner on 06.01.2017; in view of his acquittal from criminal proceedings, the petitioner made representation to the respondents to consider his case for promotion, but the said representation is not considered by the respondents and the appeal filed against the said acquittal order is pending. Hence, the Writ Petition.
4. Learned Government Pleader passed on instructions of the Engineer-in-Chief, RWS&S, A.P., Vijayawada, stating inter 2 alia that the ACB authorities have filed Criminal Appeal Petition No.1384 of 2017 before this Court and the same is pending; as per the confirmed seniority list communicated by the Department, the name of the petitioner was included at Sl.No.75 and proposals submitted by the office for according notional promotion are under consideration at the Government level and that, as and when his turn comes, his case will be considered for promotion duly verifying the disciplinary cases pending at Government level, as per the Rules in vogue.
5. A copy of G.O.Ms.No.529, General Administration (Services-C) Department, dated 19.08.2008, is filed along with the Writ Petition, which reads as follows:
"In the G.O.'s read above, orders were issued on the procedure to be followed to consider promotions when the employees are facing the disciplinary cases. It was ordered that where disciplinary cases are not concluded even after two years and the promotion to the employees is deferred due to pendency of the disciplinary cases, ad hoc promotions shall be considered pending finalization of the disciplinary cases. In spite of these specific orders, the Employees associations have brought to the notice of the Government that due to pendency of the disciplinary cases for years together, the employees are denied even the adhoc promotion for next higher categories. It is also brought to the notice of the Government that in criminal cases registered against the employees, such employees are not considered for promotion even though they are acquitted, due to appeal filed in the Higher Courts.
2. After careful consideration, Government direct to consider the cases of employees for promotion to the next higher categories wherever the charges are held not proved by the Criminal Court and acquitted them, even though an appeal is preferred before the higher Court against such acquittal.
3. All the Departments of Secretariat, Heads of Departments and District Collectors should follow the above instructions scrupulously and bring it to the notice of all the concerned for strict implementation."3
6. As seen from the said paragraph, Government directed to consider the cases of employees for promotion to the next higher categories wherever the charges are held not proved by the Criminal Court and acquitted them, even though an appeal is preferred before the higher Court against such acquittal. Even as seen from the written instructions, there is no stay on the Judgment in C.C.No.15 of 2015, dated 06.01.2017.
7. In view of the facts and circumstances and in the light of the written instructions, the respondents are directed to consider the case of the petitioner, if he is within the zone of consideration and if he is otherwise eligible for promotion in accordance with G.O.Ms.No.529, G.A. (Ser.C) Department, dated 19.08.2008.
8. The Writ Petition is disposed of accordingly. There shall be no order as to costs.
9 As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
_________________________________ KONGARA VIJAYA LAKSHMI, J Date: 01.08.2022 (Issue cc within a week.) B/O Ks 4 THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.21114 of 2022 Date: 01.08.2022 Ks