G. Shankar v. The Greater Hyderabad Municipal Corporation

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.12285 OF 2018 ORDER:

Heard learned counsel for the petitioner, Sri N.Ahsok Kumar, learned Standing Counsel appearing for respondents 1 and 3 and learned Assistant Government Pleader of Services appearing for respondent No.2.

2.

This Writ Petition is filed seeking the following relief: "to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not considering the case of the petitioner for promotion to the post of Deputy City Planner, on the ground of pendency of charge Memo No.B/2457/TPS/MCH/HO/2002-47, dated 30.01.2003 and Charge Memo in Proc.No.428/AC (A)/43/GHMC/2013-35, dated 28.01.2013, as illegal and arbitrary."

3.

Learned counsel for the petitioner submits that though charge memo was issued to the petitioner in the year 2003 and explanation is filed, enquiry is not concluded and another charge sheet was issued on 28.01.2013 though explanation is filed, there is no progress in the enquiry and on pendency of charges, the respondents are not considering the case of the petitioner for promotion.

4.

The contentions raised by the learned counsel for the petitioner are not disputed by learned Standing Counsel appearing for the respondents 1 and 3.

5.

In the facts and circumstances of the case, this Writ Petition is disposed of directing the respondents to consider the case of the petitioner for promotion as Deputy City Planner as per his seniority

as and when Departmental Promotion Committee is constituted, without reference to the above charges framed against him, but, however, the promotion is subject to outcome of the pending departmental proceedings. However, this order will not come in the way of concluding departmental proceedings. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ___________________________ A.RAJASHEKER REDDY, J APRIL 18, 2018 YVL

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.13517 OF 2018 Date: 18.04.2018 YVL