Banda Jaya Sree, v. The Chief Commissioner Of Land Administration

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.3847 of 2019 ORDER :

This writ petition is filed seeking Writ of Mandamus declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Deputy Collector as per seniority on the sole ground of pendency of Departmental proceedings initiated against him in Proceedings No.A3/2351/2012, dated 06.06.2012 issued by respondent No.2 and Proceedings in CCLA's Procs. No.VSI(3)/835/2017, dated 29.09.2017 issued by respondent No.1, as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India, and sought a consequential direction to the respondents to consider the case of the petitioner for promotion to the post of Deputy Collector in the existing vacancies as per seniority without reference to the disciplinary proceedings initiated against the petitioner in Proceedings No.A3/2351/2012, dated 06.06.2012 issued by respondent No.2 and Proceedings in CCLA's Procs. No.VSI(3)/835/2017, dated 29.09.2017 issued by respondent No.1.

Heard Sri P.V. Krishnaiah, learned counsel for the petitioner and the learned Government Pleader for Services. Learned counsel for the petitioner contends that though the petitioner is working as Tahsildar and fully eligible and

qualified for promotion to the post of Deputy Collector, the respondents are not considering his case for promotion to the said post on the ground of pendency of disciplinary proceedings initiated against him vide Proceedings No.A3/2351/2012, dated 06.06.2012 issued by respondent No.2 and Proceedings in CCLA's Procs. No.VSI(3)/835/2017, dated 29.09.2017 issued by respondent No.1.

Learned counsel for the petitioner further contends that the State Government has issued G.O.Ms.No.257, dated 10.06.1999, wherein the State Government has formulated certain guidelines in respect of the employees against whom disciplinary proceedings or criminal proceedings are pending and their suitability for the next promotional avenues and as per the said G.O., the competent authority must consider the cases of the employees against whom disciplinary proceedings are pending and pass orders as to whether the charges levelled against the said employees are involving moral turpitude or misappropriation of funds and whether they are fit for next promotion, inspite of pendency of disciplinary proceedings against them.

Learned counsel for the petitioner contends that in the instant case, the appointing authority has not examined the case of the petitioner in terms of the guidelines formulated in G.O.Ms.No.257, dated 10.06.1999 and mechanically not considering the case of the petitioner for promotion to the post

of Deputy Collector. Therefore, the learned counsel contends that appropriate orders be passed in the writ petition directing the respondents to examine the case of the petitioner in terms of the guidelines formulated in G.O.Ms.No.257, dated 10.06.1999 and pass appropriate orders.

On the other hand, the learned Government Pleader for Services contends that the case of the petitioner will be considered and appropriate orders would be passed in terms of the guidelines formulated in G.O.Ms.No.257, dated 10.06.1999. This Court, having considered the rival submissions of the learned counsel for the respective parties, is of the considered view that this writ petition can be disposed of directing the respondents to consider the case of the petitioner for promotion to the post of Deputy Collector strictly in terms of G.O.Ms.No.257, dated 10.06.1999, in the ensuing Departmental Promotion Committee and pass appropriate orders in accordance with law.

With the above observations, the writ petition is disposed of. No order as to costs.

As a sequel, miscellaneous petitions pending, if any, in this writ petition shall stand closed.

______________________________________ JUSTICE ABHINAND KUMAR SHAVILI 25.02.2019.

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HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.3847 of 2019 25.02.2019 Msr