K. Prathap Reddy vs The State Of Andhra Pradesh
2021 Latest Caselaw 2056 AP

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

                       WRIT PETITION NO. 11246 OF 2021

ORDER:-

           Heard learned counsel for the petitioner and learned

Government Pleader for Excise.

           The grievance of the petitioner is that Charge Memo given in

2017 have not resulted in any punishment whatsoever. Learned

counsel states that the proceedings have not been concluded and

the petitioner apprehends that he may be denied the benefit of

promotion stating that disciplinary proceedings are pending. He

relies upon the relevant G.Os on the subject and also the

Judgments of this Court passed in a number of matters. Copy of

W.P.No.9656 of 2019 is also filed in the material papers. It is

submitted that in view of the delay, the case of the petitioner must

be considered for promotion.

           Learned Government Pleader though he again sought time

for getting instructions, thereafter argued that only on the ground

of delay, the promotion cannot be granted and that the petitioner

is not entitled to relief as prayed for.

           This court notices that G.O.Ms.No.257 that is also filed in

material papers was also considered by the learned Single Judge in

W.P.No. 9656 of 2019, dated 23.07.2019. The learned single judge

referred to the Division Bench Judgment in Government of A.P.,

rep., by its Principal Secretary, Revenue Department and

another1 wherein, after considering the G.O.Ms.No. 257, dated

10.06.1999              and   G.O.Ms.No.   679,   General   Administration

(Services-C) Department, dated 01.11.2008 the Division Bench

held that the enquiries in the disciplinary proceedings have to be



1
    2010(4) ALT 374 (D.B)
                                    2



completed within three (03) months in simple matters and six (06)

months in complicated cases. Subsequently, another Division

Bench also while considering an identical issue directed the

respondent authorities to consider the case of the applicants

therein for promotion. The proposition of law is thus clear and

binding. The Objections raised by the learned Government Pleader

for Services are overruled and there shall be a direction to the

respondents to take into consideration the case of the petitioner for

promotion without reference to the disciplinary proceedings

pending against him and pass appropriate orders in terms of

prevailing G.Os and in accordance with law. This exercise shall be

completed within a period of three (03) weeks from the date of

receipt of a copy of this order.

With this observation, this Writ Petition is disposed of. There

shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall

also stand dismissed.

__________________________________ JUSTICE D.V.S.S.SOMAYAJULU

Date: 21.06.2021

KK

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

WRIT PETITION NO.11246 OF 2021

Date: 21.06.2021

KK