Andhra Pradesh High Court - Amravati
Kunja Ganga Raju vs The State Of Andhra Pradesh, on 19 November, 2021
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.22481 OF 2021
ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Services-I.
2. The writ petition is filed seeking the following relief:
"... to declare the action of the respondents in not sending the petitioner for Survey Training which is a pre-requisite qualification for promotion to the post of Senior Assistant from the post of Village Revenue Officer as illegal, arbitrary and consequently direct the respondents to send the petitioner for Survey Training ..."
3. The petitioner was appointed as Panchayat Secretary on 31.12.2000. A case in FIR No.13/RCT-EWG/2009, dated 29.11.2009 was registered against the petitioner under Sections 7, 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. After conducting investigation, a charge sheet was filed in the year 2012 and subsequently the crime was registered as C.C.No.42 of 2018 on the file of the ACB Court, Rajahmundry.
4. The grievance of the petitioner is that he is fit to be considered for promotion of Senior Assistant, but his case is not being considered by the respondent-Authorities.
5. Learned counsel for the petitioner submits that Survey Training, apart from other qualifications, is a pre-requisite for promotion as Senior Assistant and under the guise of pendency of ACB case, the petitioner is not being allowed for Survey Training. He submits that if the petitioner is allowed to 2 undergo Survey Training, his case may be considered for promotion at a future date. Under the said circumstances, the petitioner filed the present writ petition seeking appropriate directions.
6. Learned Assistant Government Pleader for Services-I, on the other hand, placed instructions received from the District Collector, West Godavari District, dated 05.11.2021, wherein it was stated that the eligible candidates list was submitted by the Office of Collector to the Survey Department through mail on 05.8.2021 and that after dispatch of the list, the writ petitioner's name was proposed by the Revenue Divisional Officer, Kovvur. Stating that under the said circumstances, the petitioner's name could not be sent for the Survey Training, it was mentioned that as and when the Commissioner and Principal, A.P. Survey Training Academy calls for proposal for the next batch of the Survey Training, the name of the petitioner will be considered and proposals will be submitted, accordingly.
7. In view of the same, as the respondents themselves have mentioned that the case of the petitioner will be considered, the remarks furnished are placed on record.
8. Accordingly, the writ petition is disposed of, in the light of the remarks that the respondents would consider the case of the petitioner for attending the Survey Training, in the next 3 batch of training. No costs. Miscellaneous petitions, if any, pending shall stand closed.
_________________________ NINALA JAYASURYA, J November 19, 2021.
Note:
Dispatch order copy in one week. (By order) vasu