S.Madhusudana Rao vs The A.P. Eastren Power ...
2021 Latest Caselaw 1964 AP

        HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU

                     W.P.No.9564 of 2021
ORDER :

Heard the learned counsel for the petitioner and Sri Metta

Chandra Sekhar Rao, learned Standing Counsel for the

respondents.

Learned counsel for the petitioner points out that merely

because of pendency of charge-sheet, promotion is being denied

to the petitioner who in fact is otherwise fully eligible to be

considered for promotion. Relying upon the rule extracted in the

writ affidavit and a judgment passed by the learned Single Judge

of this Court in W.P.No.25300 of 2020 and the other cases,

learned counsel for the petitioner submits that the petitioner

should be considered for promotion despite the pendency of the

criminal proceedings. He also submits in all fairness that the

promotion can be subject to the result of the disciplinary case as

was done in the earlier cases also.

Sri Metta Chandra Sekhar Rao, learned Standing Counsel

opposes to grant any order. He submits that as on date, it is not

clear that if the petitioner is eligible for promotion and within

the zone of consideration also. However, he agrees that the

learned Single Judge of this Court has passed the order on

merits in W.P.No.25300 of 2020 relying upon earlier orders

passed for similarly placed petitioners.

After perusing the order passed by the learned Single

Judge in W.P.No.25300 of 2020, it is apparent that the

petitioner in that case was directed to be considered for

promotion "if he is otherwise eligible notwithstanding pendency

of crime and PRC." Therefore, this Court is of the opinion that

keeping this matter pending is not really called for. In the

circumstances, there shall be a direction to the respondents to

consider the case of the petitioner for promotion strictly in

accordance with law and the regulations governing the subject if

he is otherwise eligible to be considered for promotion

notwithstanding pendency of the criminal petition.

With the above observation, the writ petition is disposed of.

No costs. As a sequel thereto, miscellaneous petitions, if any,

pending in the writ petition shall stand closed.

_________________________ D.V.S.S.SOMAYAJULU,J

Date : 14.06.2021 GR

HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU

W.P.No.9564 of 2021 Dated: 14.06.2021 GR