K,Gayatri v. The Commissioner And Director Of Municipal Administration

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.26634 OF 2017 ORDER:

This petition is filed for a writ of Mandamus declaring the action of the 2nd respondent in not considering the case of the petitioner for promotion to the post of Senior Accountant on the sole ground that the disciplinary proceedings are pending against him vide Roc.No.5323/2015/C1 dated, 11.08.2015, as illegal and arbitrary and for a consequential direction to the respondents to consider the case of the petitioner for promotion to the post of Senior Accountant as per her seniority without reference to pendency of disciplinary proceedings. Learned counsel for the petitioner submits that in similar circumstances this Court passed order dated 18.03.2016 in WP.No.8690/2016, directing the respondents to consider the case of the petitioner.

Heard learned Government Pleader for Municipal Administration and Urban Development.

In view of the facts and circumstances and in view of the order dated 18.03.2016 passed by this Court in WP.No.8690/2016, the respondents are directed to consider the case of the petitioner for promotion as and when the Departmental Promotion Committee (DPC) is constituted, without reference to the charges framed against him in Roc.No. 5323/2015/C1 dated 11.08.2015.

Accordingly, the writ petition is disposed of. However, the order will not preclude the authorities from conducting the disciplinary proceedings at the earliest. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand dismissed.

___________________________ A.RAJASHEKER REDDY,J 24.08.2017 tk