Andhra Pradesh High Court - Amravati
Allan Bala Kishore, vs The State Of Andhra Pradesh on 31 March, 2021
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.7526 of 2021
ORDER:
This writ petition is filed seeking a direction to consider the representation of the petitioner dated 22.03.2021 for inclusion of the name of the petitioner in DPC for the panel year 2016-2017 in view of the judgment of the Division Bench of this Court in 'A Vema Reddy vs. Controller General of Defence Accounts, New Delhi1'.
Case of the petitioner is that, he is working as Deputy Tahsildar and Tahsildar (FAC), Tangutur; a charge memo was issued by the 3rd respondent to the petitioner alleging that he has changed the survey number without the order from the higher authority; petitioner submitted his written explanation; upon considering the same, the 3rd respondent has passed punishment order 'CENSURE' vide proceedings dated 13.03.2021; now the department is preparing DPC for the panel year 2016-2017, but the name of the petitioner has not been considered in view of the punishment of censure awarded on the petitioner; as held by the Division Bench of this Court in A Vema Reddy's case (supra), the punishment of 'censure' imposed is not a valid ground for overlooking the seniority of the candidate in the matter of promotion; he made a representation to the respondents on 22.03.2021 to consider his name for DPC for the panel year 2016-2017, but the same is not considered. Hence, the writ petition.
Learned Government Pleader passed on the written instructions of the District Collector & District Magistrate dated 27.03.2021, wherein it is stated inter-alia, that G.O.Ms.No.53 General Administration 1 2001 Law Suit (AP) 1804 2 Department (Ser.B) dated 04.02.1997, states that 'every censure awarded shall debar a Government servant for promotion/appointment by transfer for one year to both selection and non-selection posts'.
Learned counsel for the petitioner submits that the petitioner is asking only to consider his representation dated 22.03.2021.
In view of the facts and circumstances of the case, the respondents are directed to consider the representation of the petitioner dated 22.03.2021 for inclusion of his name in the DPC for the panel year 2016-2017, strictly in accordance with law.
The writ petition is, accordingly, disposed of. No order as to costs. Consequently, miscellaneous petitions, if any pending, in this writ petition, shall stand closed.
________________________ KONGARA VIJAYA LAKSHMI, J Date: 31.03.2021 BSS 3 HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.7526 of 2021 33 Date: 31.03.2021 BSS