Andhra Pradesh High Court - Amravati
B.Suryanarayana Reddy, vs The State Of Andhra Pradesh on 18 January, 2021
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.1227 of 2021
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:-
"......to issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Assistant Sub-Inspector on the ground of pending criminal case vide FIR No.05/RCT-KUR/2018, under Section 7(1) P.C. Act, dated 30.05.2018 of Kurnool Range, as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to promote the petitioner to the post of Assistant Sub-Inspector without reference to the aforesaid criminal case and pass such other order."
2. The petitioner was selected and recruited as Constable in Police Department in the year 1989 and after rendering unblemished service about 23 years without any remark he was promoted as Head Constable in the year 2012 and became eligible for promotion to the cadre of Assistant Sub-Inspector.
3. While the matter stood thus, a false disproportionate assets case was registered against the petitioner vide FIR No.05/RCT-KUR/2018 under Section 7(1) of P.C. Act, dated 30.05.2018 of Kurnool Range in which the petitioner was arrayed as Accused No.2 and was suspended from service on 01.06.2018.
4. On 04.03.2020 the petitioner was reinstated into service by revoking earlier suspension order with immediate effect without prejudice to the criminal proceedings, subsequently 2 posting orders were issued by the 2nd respondent on 19.03.2020 and the petitioner was posted to Kowthalam Police Station, Kurnool District.
5. The 2nd respondent herein issued proceedings vide C.No.A8/23514/2019, dated 06.02.2020, the provisional seniority list of ASIs/HCs (Civil) (Men & Women) in which the petitioner was placed at Sl.No.183 of Provisional Seniority List of Civil ASIs/HCs of Kurnool District. It is the contention of the petitioner that though a crime was registered in the year 2018 i.e., on 30.05.2018, no charge sheet is filed till date. Therefore, he is entitled for being considered for promotion to the next higher cadre. But, the respondent authorities have not considered his candidature for promotion, which is illegal, arbitrary and requested to issue a direction to the respondents to consider the candidature of the petitioner for promotion to the next higher cadre in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999.
6. During the course of hearing, Sri K.Rathangapani Reddy, learned counsel for the petitioner reiterated the contentions urged in the petition and limited his request to consider the candidature of this petitioner for promotion in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999.
7. Whereas, learned Government Pleader for Services-I on instructions fairly submitted that in terms of Clause 5(c) of G.O.Ms.No.257, General Administration (Ser.C) Department, 3 dated 10.06.1999, the case of the petitioner's case cannot be considered for promotion to the next higher cadre and requested to dismiss the Writ Petition.
8. Since the request of the petitioner is limited irrespective of filing of charge sheet in FIR No.05/RCT-KUR/2018 under Section 7(1) of P.C. Act, dated 30.05.2018 of Kurnool Range, if any pending enquiry or criminal proceedings are not completed within two years from the date of initiation of proceedings or from the date of filing of charge sheet, the petitioner is entitled to claim benefit of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999 subject to the terms and conditions contained in Para 5(c) of the G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. Learned counsel for the petitioner requested to consider the case of the petitioner in terms of Para 5(c) of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. Similarly, learned Government Pleader for Services-I is also contending that in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999, the petitioner is not entitled for being considered for promotion to the next higher cadre. If no charge memo is issued against the petitioner in the disciplinary proceedings or no charge sheet is filed in Cr.No.05/RCT- KUR/2018 for the offence punishable under Section 7(1) of P.C. Act, G.O.Ms.No.66, General Administration (Services.C) Department, dated 30.01.1991 be followed.
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9. Since the request of the learned counsel for the petitioner and the learned Government Pleader for Services-I is to follow G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999, no further adjudication is necessary and it would suffice to issue a direction to the respondents to consider the case of this petitioner for being considered for promotion to the next higher cadre subject to the conditions contained in G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999, more particularly, keeping in view of Para 5(c) of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999, in case no charge memo is issued in disciplinary proceedings, if any initiated or charge sheet in the above crime is filed, the respondents are directed to follow G.O.Ms.No.66, dated 30.01.1991.
10. With the above direction, this Writ Petition is disposed of. There shall be no Order as to costs.
Consequently, miscellaneous applications, pending if any, shall stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 18.01.2021 IS 5 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.1227 of 2021 Date: 18-01-2021 IS