Telangana High Court
K. Ravi Kumar vs The State Of Telangana And Another on 5 December, 2022
Bench: E.V. Venugopal
HONOURABLE SRI JUSTICE E.V.VENUGOPAL
W.P.No.43133 of 2022
ORDER:
1. 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, declaring the action of the 2nd
respondent in non-granting the promotion to the petitioner from
Manager Grade-I to Deputy Director in pursuance of the
G.O.Ms.No.257, General Administration (SER.C) Department,
dated 10.05.1999 and not granted promotion to the petitioner on
par with similar situated persons granted the promotions vide its
Proceedings No.27/Pepr-I/B1/2010, dated 31.03.2012 and
Proceedings No.68/Per-I/B1/2019, dated 31.12.2019 as an
illegal, arbitrary and against to the principles of natural justice
and in violative of the APDDCF Services Rules 1976 and in
violation of Articles 14, 16, 21 and 300-A of the Constitution of
India and against to the Catena of Constitutional Bench
Judgments of an Apex Court and this Honble Court and
consequently direct the 2nd respondent to grant promotion to the
petitioner from Manager Grade-I to Deputy Director on par with
similar situated persons granted promotions dated 31.03.2012
and Proceedings dated 31.12.2019 with consequential benefits
and pass such other order or orders."
2. Learned counsel for the petitioner submits that
aggrieved by the Show Cause notice dated 26.06.2021 issued
by the respondents the petitioner filed W.P.No.15947 of 2021
wherein the Hon'ble High Court has directed the petitioner to
submit the detailed explanation to the above said show
cause notice within two weeks from the date of receipt of
copy of the order. Accordingly the petitioner has submitted
his detailed explanation on 04.05.2022 and submits that no
reply has been caused by respondent No.2 to the explanation
given by the petitioner.
3. While the matter stood thus, learned counsel for the
petitioner submits that the respondents are affecting the
promotions of the other similarly placed persons and who are
being charged on the same allegations and submits that the
case of the petitioner stands on better footing than similarly
placed persons who are facing misappropriation charges to
the tune of Rs.85,07,361.10/- and he also submits that an
enquiry is pending against such employees in terms of
G.O.Ms.No.257, General Administration (SER.C)
Department, dated 10.05.1999.
4. Learned counsel for petitioner further submits that the
case of the petitioner also falls within the ambit of
G.O.Ms.No.257, General Administration (SER.C)
Department, dated 10.05.1999, wherein even after lapse of 2
years the disciplinary proceedings are still pending and it is a
clear violation of Para 6 of the said G.O and the respondents
have not finalised the disciplinary case against the petitioner
and hence seeks the benefit of G.O.Ms.No.257, General
Administration (SER.C) Department, dated 10.05.1999 and
prays this Court to direct the respondents to consider the
case of the petitioner for promotions.
6. On the other hand, learned standing counsel for
respondent No.2 submits that the case of the petitioner has
been thoroughly enquired into and accordingly the enquiry
officer issued report dated 24.02.2021 holding that the
charges framed against the petitioner are proved and found
the petitioner guilty of the charges levelled against him and
therefore the writ petition is devoid of merit.
7. In reply, the learned counsel for the petitioner opposes
the submissions made by the learned counsel for
respondents and submits that the impugned proceedings
issued on 24.02.2021 were not provided to the petitioner and
the petitioner does not have any knowledge about the said
proceedings. He further submits that in any case still the
petitioner is entitled to avail appeal as per law and also
submits that the enquiry officer has not made any whisper
about the representation dated 22.12.2021 in compliance of
the order passed by the this Court in W.P.No.15947 of 2021.
Hence seeks this Court's intervention to pass appropriate
orders in accordance with law.
8. This Court upon considering the rival contentions of both
the learned counsel is inclined to direct the respondents to
consider the case of the petitioner in accordance with law
and in terms of G.O.Ms.No.257, General Administration
(SER.C) Department, dated 10.05.1999 for promotion and
pass appropriate orders within a period of four (4) weeks
from the date of receipt of a copy of this order.
9. Accordingly, the writ petition is disposed of. There shall
be no order as to costs.
10. Miscellaneous petitions, if any, pending in this writ
petition, shall also stand closed.
_____________________________
JUSTICE E.V.VENUGOPAL
Dated:05.12.2022
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HONOURABLE SRI JUSTICE E.V.VENUGOPAL
W.P.No.43133 of 2022
Dated:05.12.2022
VSL
