Allan Bala Kishore, vs The State Of Andhra Pradesh
2021 Latest Caselaw 1790 AP

                HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI

                              Writ Petition No.7526 of 2021

ORDER:

This writ petition is filed seeking a direction to consider the

representation of the petitioner dated 22.03.2021 for inclusion of the

name of the petitioner in DPC for the panel year 2016-2017 in view of

the judgment of the Division Bench of this Court in 'A Vema Reddy vs.

Controller General of Defence Accounts, New Delhi1'.

Case of the petitioner is that, he is working as Deputy Tahsildar

and Tahsildar (FAC), Tangutur; a charge memo was issued by the 3rd

respondent to the petitioner alleging that he has changed the survey

number without the order from the higher authority; petitioner

submitted his written explanation; upon considering the same, the 3rd

respondent has passed punishment order 'CENSURE' vide proceedings

dated 13.03.2021; now the department is preparing DPC for the panel

year 2016-2017, but the name of the petitioner has not been considered

in view of the punishment of censure awarded on the petitioner; as held

by the Division Bench of this Court in A Vema Reddy's case (supra), the

punishment of 'censure' imposed is not a valid ground for overlooking

the seniority of the candidate in the matter of promotion; he made a

representation to the respondents on 22.03.2021 to consider his name

for DPC for the panel year 2016-2017, but the same is not considered.

Hence, the writ petition.

Learned Government Pleader passed on the written instructions of

the District Collector & District Magistrate dated 27.03.2021, wherein it

is stated inter-alia, that G.O.Ms.No.53 General Administration

2001 Law Suit (AP) 1804

Department (Ser.B) dated 04.02.1997, states that 'every censure

awarded shall debar a Government servant for promotion/appointment

by transfer for one year to both selection and non-selection posts'.

Learned counsel for the petitioner submits that the petitioner is

asking only to consider his representation dated 22.03.2021.

In view of the facts and circumstances of the case, the

respondents are directed to consider the representation of the

petitioner dated 22.03.2021 for inclusion of his name in the DPC for the

panel year 2016-2017, strictly in accordance with law.

The writ petition is, accordingly, disposed of. No order as to

costs. Consequently, miscellaneous petitions, if any pending, in this

writ petition, shall stand closed.

________________________ KONGARA VIJAYA LAKSHMI, J Date: 31.03.2021 BSS

HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

Writ Petition No.7526 of 2021

Date: 31.03.2021

BSS