Andhra Pradesh High Court - Amravati
This Writ Petition Is Filed vs Unknown on 11 August, 2022
THE HON'BLE Dr.JUSTICE K. MANMADHA RAO
Writ Petition No.25129 of 2022
ORDER:-
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 and declare the action of the
respondents in not considering the candidature of the petitioner
for promotion to the post of Regional Information Engineer on
mere pendency of FIR No.06/RCT-TCT/2018 dated 13.7.2018 in
the absence of any valid Charge Sheet as on today as illegal
arbitrary discrimination and violation of Principles of natural
Justice and contrary to the existing Government Orders issued in
G.O.Ms.No.66 GAD (Services.C) Department, dated 30.1.1991,
consequently direct the respondents herein to consider the
candidature of the petitioner from promotion to the post of
Regional Information Engineer without reference to the
FIR.No.06/RCT-TCT/2018 dated 13.7.2018 in terms of
G.O.Ms.No.66 GAD Department, Dated 30.1.1991 in the existing
vacancy on the same analogy of similar orders passed in
W.P.No.5981 of 2021, dated 16.3.2021."
2. Heard Mr. Ramalingeswara Rao Kocherla Kota, learned
counsel for the petitioner and the learned Government Pleader for
Services-I. Perused the material papers on record.
3. Learned Counsel for the petitioner contended that the
petitioner was initially appointed as Assistant Information Engineer in
the Information and Public Relations Department on 2.11.1991, and
thereafter, he was promoted as Assistant Executive Information
Engineer on 2.8.2000 and further promoted as Deputy Executive
Information Engineer on 22.9.2002. He has been working to the
satisfaction of his superior officers. Now, he is ripe for promotion to
the post of Regional Information Engineer basing on the existing
final inter-se-seniority list dated 15.12.2020 and his name was
shown at Sl.No.1. Learned counsel for the petitioner further
contended that while the petitioner was working as Deputy Executive
Information Engineer at Chittoor, ACB Authorities laid a trap on him
and registered as case in FIR.No.06/RCT-TCT/2018, dated
13.7.2018 under Section 67, 13(2) r/w 13(1)(d) of Prevention of
Corruption Act, 1988 and the same is pending. Due to this, his case
was not considered for promotion. By citing the judgment of this
Court in W.P.No.5981 of 2021, dated 16.03.2021, the petitioner
gave a representation dated 7.1.2022 to the 2nd respondent
requesting to consider his case for promotion to the post of Regional
Information Engineer in the existing vacancy on regular basis. As the
2nd respondent has not taken any action on the said representation,
he filed the present writ petition.
4. Learned Government Pleader for Services-I appearing for the
respondents has furnished a Letter No.0282/Admn.I-1/2021, dated
16.02.2021, of the Commissioner, Information and Public Relations,
Vijayawada addressed to the E.O. Spl. Secretary to Government,
G.A (I & PR) Department, A.P. Secretariat, Amaravathi, wherein it
was stated as follows:
"Sri D.Nageswara Rao, DyEIE (Head Quarters),
Vijayawada who stood 1st in the seniority list of Dy.EIEs has
submitted in his representation that he was appointed as AIE in
the department on 2.11.1991 and promoted subsequently to the
posts of AEIE, Dy.EIE and completed 18 years of service in the
cadre of Dy.EIE. He also mentioned that the ACB laid a false trap
on him, in result of that case he was suspended on 13.7.2018 and
reinstated into service on 27.2.2020. He has further submitted
that till today neither charges have been framed nor charge sheet
has been filed against him. Therefore, he has requested to kindly
consider his case for promotion to the post of RIE keeping in view
the clarification given in G.O.Ms.No.66, G.A.(Ser-C) Department,
dated 30.1.1991."
5. As can be seen from the above letter, no charges are framed
and no charge sheet is pending against the petitioner.
6. Learned counsel for the petitioner relies on the judgment of
this Court passed in W.P.No.5981 of 2021, dated 16.03.2021,
wherein similar question is cropped up. Following the judgment of
Hon'ble Supreme Court in the case of Union of India v. Anil Kumar
Sarkar reported in 2013 (4) SCC 161, this Court held as follows:
"However, learned Government Pleader for Roads and
Buildings contended that promotion is not a matter of right and
he is entitled for consideration for promotion. There is no dispute
with regard to the contention of the Government Pleader and
this court is not inclined to issue a direction to promote the
petitioner. But, this court can issue a direction to consider the
case of the petitioner for promotion to the next higher cadre
subject to satisfying the requirement notwithstanding the
surprise check report submitted by ACB, in accordance with
G.O.Ms.No.66, dated 30.01.1991."
5. In view of the above settled legal position, this writ petition is
also disposed of, in terms of the orders passed by this Court in
W.P.No.5981 of 2021, dated 16.03.2021, directing the respondents
to consider the case of the petitioner for promotion to the post of
Regional Information Engineer duly taking into consideration the
G.O.Ms.No.66, dated 30.01.1991 and pass appropriate orders within
a period of (08) eight weeks from the date of receipt of the order.
No order as to costs.
As a sequel, miscellaneous applications pending, if any, shall
stand closed.
____________________________
Dr.JUSTICE K. MANMADHA RAO
Date: 11.08.2022.
HS
THE HON'BLE Dr.JUSTICE K. MANMADHA RAO
Writ Petition No.25129 of 2022
Date: 11.08.2022
HS
