J.Mallaiah, v. The District Collector,

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.4328 of 2017 Date: 10.04.2017 Between:

J.Mallaiah, s/o Durgaiah, Aged about 47 years, Occu: Deputy Tahsildar, O/o Tahsildar, Konaraopet (M), Sirsilla Division, Rajanna Sircilla (Karimnagar) Dist. .....Petitioner and The District Collector, Karimnagar, Karimnagar District and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.4328 of 2017 ORDER:

This writ petition is filed praying the following relief: "to issue, a Writ, Order or Orders, more particularly one in the nature Writ of Mandamus directing the respondents to promote the petitioner as Tahsildar as per his seniority without reference to the pendency of charge memo No.A3/782/2014-2, dt.5-3-2014 issued by the 1st respondent by including his name at appropriate SC roster points in the Panel of Dy.Tahsildars for the year 2014-15 communicated Vide Procs.dt.10-12-2016 issued by the 2nd respondent with all consequential benefits, by holding the action of the respondents in not considering the petitioner's claim for promotion to the post of Tahsildar on the sole ground that charge memo No.A3/782/2014-2, dt.5-3-2014 is pending against the petitioner and further promoting the juniors who are included in the Procs.dt.10-12-2016 is as illegal, arbitrary, discriminatory and subversive of Articles 14,16 of the Constitution of India." 2.

Grievance of the petitioner was, disciplinary proceedings are not concluded and kept pending for long time and on that ground, he was not considered for promotion.

3.

When the matter is taken up for consideration, learned Government Pleader produced proceedings of the District Collector, Karimnagar, dated 06.04.2017, where under disciplinary proceedings resulted in passing order of punishment of stoppage of one annual grade increment without cumulative effect. Since disciplinary proceedings are concluded and punishment is imposed, prayer sought in the writ petition cannot be granted. Thus, leaving it open to the petitioner to work out his remedies as

available in law, if so advised, aggrieved by the proceedings of the District Collector dated 06.04.2017, writ petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ___________________________ JUSTICE P.NAVEEN RAO Date: 10.04.2017 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.4328 of 2017 Date: 10.04.2017 kkm