THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
WRIT PETITION No.12284 of 2019
ORDER:
Petitioner has challenged the action of respondents in denying promotion to him on the ground of pendency of disciplinary proceedings.
2. Heard both sides and perused the record.
3. Petitioner is working as Senior Assistant in the office of District Educational Officer, Warangal. He was kept under suspension on 08.09.2013, on the ground that he failed to properly scrutinize the applications of DSC 2012 candidates. Accordingly, a Charge Memo was issued to him on 26.10.2013 for which, he has submitted his detailed explanation on 06.11.2013. A criminal case was also registered with regard to the said issue in the year 2014. Grievance of the petitioner is that though inquiry report was submitted long back i.e. on 24.11.2015, the proceedings against him are not concluded on the ground of pendency of criminal case and on the pretext of pendency of proceedings against him, he was denied promotion to the post of Office Superintendent and his juniors are being promoted. It is his case that questioning the action of respondents, earlier, he filed W.P.No.35085 of 2017 which was disposed of on 13.03.2019 directing the respondents to consider his 2 JS, J W.P.No.12284 of 2019 case in terms of G.O.Ms.No.257, dated 10.06.1999. Pursuant to said orders, respondents have rejected his case. Hence, this writ petition.
4. Counter affidavit is filed by the respondents stating that the petitioner has failed to properly scrutinize the applications of DSC 2012 candidates and 18 candidates of DSC 2008 and DSC 2012 were found to have secured appointment basing on false Hearing Handicapped Certificates. Therefore, an enquiry was conducted into the matter and proceedings were initiated against the erring officials including the petitioner herein. It is stated that since the proceedings are yet to be concluded, the petitioner is not entitled for promotion. Hence, prayed for dismissal of writ petition.
5. In this case, it is to be seen that the Charge Memo was issued to the petitioner in the year 2013 and the proceedings are yet to be concluded, meanwhile, according to the petitioner, about 30 of his juniors were promoted. It appears that though the enquiry report is submitted in the departmental proceedings, the same are not concluded on the pretext of pendency of criminal case registered against the petitioner in the year 2014, wherein, according to the petitioner, evidence is yet to be recorded and it may take much more time for its conclusion. In this regard, a reference can be made to G.O.Ms.No.257, dated 10.06.1999, as per which, case of an employee can be considered for adhoc promotion, if the charge is not 3 JS, J W.P.No.12284 of 2019 a grave one, not involving moral turpitude. In the present case, the allegation against the petitioner is that he failed to properly scrutinize the applications of DSC 2012 candidates. It is to be noted that there are many other superior officials to carry out the scrutiny work and the petitioner is only a Clerical Assistant, who cannot be expected to identify whether a particular certificate enclosed by the candidate is genuine or a fake one. His duty would be just to verify whether the candidate has enclosed all the certificates or not. Be that as it may, petitioner has relied on the judgment of a Division Bench of the High Court of A.P. in State of Andhra Pradesh and another vs. Ch.Venkat Rao 1, wherein, it is held that it is not proper to deny promotion merely on the ground of pendency of disciplinary proceedings and promotion can be deferred only upon imposition of penalty and not otherwise. This judgment is squarely applicable to the facts of the present case. In view of this judgment and also in view of G.O.Ms.No.257, dated 10.06.1999, this Court is of the considered view that the case of the petitioner can be considered for promotion subject to outcome of the proceedings initiated against him.
6. For the aforesaid reasons, this writ petition is disposed of directing the respondents to consider the case of the petitioner for promotion to the post of Office Superintendent from the date on 1 2022 (6) ALD 400 (AP) (DB) 4 JS, J W.P.No.12284 of 2019 which his immediate junior was promoted within a period of four (04) weeks from the date of receipt of a copy of this order. However, such promotion shall be subject to the outcome of the disciplinary proceedings initiated against the petitioner. The respondents are further directed to pass appropriate orders in the disciplinary proceedings insofar as petitioner is concerned and conclude the same within a period of one year from today. No costs.
Pending miscellaneous applications, if any, shall stand closed.
_________________ JUVVADI SRIDEVI, J Date:15.11.2023 Ksk