Andhra Pradesh High Court - Amravati
Banavathu Mohan Rao, vs The Director Of Social Welfare on 29 January, 2020
Author: T. Rajani
Bench: T. Rajani
SMT JUSTICE T. RAJANI
WRIT PETITION No.1707 of 2020
ORDER:
This writ petition is filed, under Article 226 of the Constitution of India, seeking to declare the action of the respondents in not considering the case of the petitioner for promotion to the post of Assistant Social Welfare Officer (ASWO), on the ground of pendency of disciplinary case and inordinate delay in concluding the disciplinary proceedings, as illegal.
2. Heard the counsel for the petitioner and the Government Pleader for Social Welfare appearing for the respondents.
3. The counsel for the petitioner submits that charge memo was issued to the petitioner on 13.3.2015, but since then the enquiry is not concluded. He relies on the order dated 26.8.2019 passed in Writ Petition No.12086 of 2019, wherein this Court by considering the Division Bench judgment of the High Court of Judicature at Hyderabad in Government of A.P. v. Revenue Department1 directed the respondents to consider the case of the petitioner for promotion, without reference to the disciplinary proceedings pending against him, in terms of G.O.Ms.No.257, General Administration (Services-C) Department, dated 10.6.1999. In Writ Petition No.9656 of 2019 also, this Court passed similar order.
4. Hence, in view of the above, there shall be a direction to the respondents to consider the case of the petitioner for promotion to the post of Assistant Social Welfare Officer, without reference to 1 2010 (4) ALT 374 (DB) 2 the disciplinary proceedings pending against him, G.O.Ms.No.257, General Administration (Services-C) Department, dated 10.6.1999, and the enquiry shall be completed keeping in view G.O.Ms.No.679, General Administration (Services-C) Department, dated 01.11.2008. However, promotion shall be subject to result of the enquiry.
5. Accordingly, the writ petition is disposed of. As a sequel, the miscellaneous applications pending, if any, shall stand closed.
______________ T. RAJANI, J January 29, 2020 YS