HONOURABLE SRI JUSTICE E.V.VENUGOPAL
W.P.No.43133 of 2022
ORDER:
1. This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
".....to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus, declaring the action of the 2nd respondent in non-granting the promotion to the petitioner from Manager Grade-I to Deputy Director in pursuance of the G.O.Ms.No.257, General Administration (SER.C) Department, dated 10.05.1999 and not granted promotion to the petitioner on par with similar situated persons granted the promotions vide its Proceedings No.27/Pepr-I/B1/2010, dated 31.03.2012 and Proceedings No.68/Per-I/B1/2019, dated 31.12.2019 as an illegal, arbitrary and against to the principles of natural justice and in violative of the APDDCF Services Rules 1976 and in violation of Articles 14, 16, 21 and 300-A of the Constitution of India and against to the Catena of Constitutional Bench Judgments of an Apex Court and this Honble Court and consequently direct the 2nd respondent to grant promotion to the petitioner from Manager Grade-I to Deputy Director on par with similar situated persons granted promotions dated 31.03.2012 and Proceedings dated 31.12.2019 with consequential benefits and pass such other order or orders."
2. Learned counsel for the petitioner submits that aggrieved by the Show Cause notice dated 26.06.2021 issued by the respondents the petitioner filed W.P.No.15947 of 2021 wherein the Hon'ble High Court has directed the petitioner to submit the detailed explanation to the above said show cause notice within two weeks from the date of receipt of copy of the order. Accordingly the petitioner has submitted his detailed explanation on 04.05.2022 and submits that no 2 reply has been caused by respondent No.2 to the explanation given by the petitioner.
3. While the matter stood thus, learned counsel for the petitioner submits that the respondents are affecting the promotions of the other similarly placed persons and who are being charged on the same allegations and submits that the case of the petitioner stands on better footing than similarly placed persons who are facing misappropriation charges to the tune of Rs.85,07,361.10/- and he also submits that an enquiry is pending against such employees in terms of G.O.Ms.No.257, General Administration (SER.C) Department, dated 10.05.1999.
4. Learned counsel for petitioner further submits that the case of the petitioner also falls within the ambit of G.O.Ms.No.257, General Administration (SER.C) Department, dated 10.05.1999, wherein even after lapse of 2 years the disciplinary proceedings are still pending and it is a clear violation of Para 6 of the said G.O and the respondents have not finalised the disciplinary case against the petitioner and hence seeks the benefit of G.O.Ms.No.257, General Administration (SER.C) Department, dated 10.05.1999 and 3 prays this Court to direct the respondents to consider the case of the petitioner for promotions.
6. On the other hand, learned standing counsel for respondent No.2 submits that the case of the petitioner has been thoroughly enquired into and accordingly the enquiry officer issued report dated 24.02.2021 holding that the charges framed against the petitioner are proved and found the petitioner guilty of the charges levelled against him and therefore the writ petition is devoid of merit.
7. In reply, the learned counsel for the petitioner opposes the submissions made by the learned counsel for respondents and submits that the impugned proceedings issued on 24.02.2021 were not provided to the petitioner and the petitioner does not have any knowledge about the said proceedings. He further submits that in any case still the petitioner is entitled to avail appeal as per law and also submits that the enquiry officer has not made any whisper about the representation dated 22.12.2021 in compliance of the order passed by the this Court in W.P.No.15947 of 2021. Hence seeks this Court's intervention to pass appropriate orders in accordance with law.
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8. This Court upon considering the rival contentions of both the learned counsel is inclined to direct the respondents to consider the case of the petitioner in accordance with law and in terms of G.O.Ms.No.257, General Administration (SER.C) Department, dated 10.05.1999 for promotion and pass appropriate orders within a period of four (4) weeks from the date of receipt of a copy of this order.
9. Accordingly, the writ petition is disposed of. There shall be no order as to costs.
10. Miscellaneous petitions, if any, pending in this writ petition, shall also stand closed.
_____________________________ JUSTICE E.V.VENUGOPAL Dated:05.12.2022 Vsl 5 HONOURABLE SRI JUSTICE E.V.VENUGOPAL W.P.No.43133 of 2022 Dated:05.12.2022 VSL