Y V Koteswara Rao vs The State Of Andhra Pradesh
2022 Latest Caselaw 4411 AP

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  THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

               WRIT PETITION No.21905 OF 2022

ORDER:

Heard learned counsel for the petitioner and learned

Government Pleader for the respondents.

2. The Writ Petition is filed questioning the action of the

respondents in not considering the case of the petitioner for

promotion to the post of Superintending Engineer, without

reference to minor punishment of censure imposed by the 1 st

respondent vide G.O.Rt.No.690, Municipal Administration and

Urban Development (Vig.I) Department, dated 09.12.2021.

3. Case of the petitioner is that ACB officials registered a

false case against him and charge memo was issued on

20.02.2007 for conducting departmental enquiry and the same

was received by the petitioner on 18.06.2007; after receipt of

charge memo, petitioner submitted his explanation on

30.06.2007; Enquiry Officer conducted enquiry and submitted

his report. Subsequently, Government issued G.O.Rt.No. 690

dated 09.12.2021 imposing penalty of censure against the

petitioner; respondents are taking steps to effect promotions to

the post of Superintending Engineer, but they are not

considering the case of the petitioner for promotion as there is a

punishment of censure against him. Hence, the present Writ

Petition.

4. Learned counsel for the petitioner submits that censure is

not a punishment to deny the promotion. He relies upon the

judgment of this Court in W.P.No.3312 of 2019 dated

13.03.2019 wherein, the Division Bench of this court relied

upon the judgment of the Full Bench of Madras High Court in a

case reported in Deputy Inspector General of Police,

Thanjavur Range, Thanjavur and another Vs. V.Rani1. The

said Writ Petition was filed challenging the order of Tribunal

dismissing the OA wherein, a direction was sought to consider

the case of the petitioner therein for promotion without

reference to the minor punishment of censure imposed on him.

The Division Bench of this Court allowed the said Writ Petition

by setting aside the impugned order and directed the

respondents to consider the case of the petitioner therein for

promotion without reference to the currency of one year in

respect of penalty of censure and to pass appropriate orders

within a period of four weeks.

5. Learned Government Pleader produced a copy of written

instructions vide memo dated 21.07.2022 stating inter alia that

there are eight existing vacancies and one reserved vacancy and

as per the seniority list, petitioner is shown at Sl.No.10 and that

if he comes within the zone of consideration as per seniority, his

case will be considered by the departmental promotion

committee.

6. In view of the facts and circumstances of the case and in

the light of the Division Bench judgment of this Court, the

respondents are directed to consider the case of the petitioner

for promotion, if he comes within the zone of consideration.

2011 (3) CTC 129=MANU/TN/1299/2011

7. The Writ Petition is disposed of accordingly. No order as to

costs. As a sequel thereto, the miscellaneous petitions, if any

pending in this Writ Petition shall stand closed.

_________________________________ KONGARA VIJAYA LAKSHMI, J Date: 22.07.2022

Note:

Issue CC in one week (B/o) Rmn

THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

WRIT PETITION No. 21905 of 2022

Date: 22.07.2022

Rmn