S.P.Satish Kumar v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.20522 of 2019 ORDER:

The writ petition is being disposed of at the stage of admission with the consent of both the parties.

2.

This writ petition is filed seeking a Writ of Mandamus, declaring the action of respondents in deferring the case of petitioner for promotion to the post of Section Officer on the ground of registration of Crime (FIR) No.22/RCT-NMD/2013, dated 04.10.2013 under Sections 7 & 13(1)(d) r/w.13(2) of Prevention of Corruption Act, 1988, without there being any issuance of charge sheet or charge memo and considering the cases of many juniors for promotion to the post of Section Officer as per the recommendation of the DPC held on 30.08.2019 and effecting promotion to the juniors by orders dated 31.08.2019 inspite of the law laid down by this Court in A.Jalender Reddy vs. The State of Telangana & another1 and inspite of the policy of the State communicated in G.O.Rt.No.66, G.A. (Services.C) Department, dated 30.01.

1991, as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently sought to declare that the petitioner is entitled for promotion to the post of Section Officer on par with his juniors effected on 31.08.2019 with all consequential attendant benefits.

1 2017(4) ALD 538

3.

When the matter is taken up for hearing, learned counsel for the parties have submitted that this matter is covered to be disposed of in terms of the orders dated 02.01.2019, passed in W.P.No.47953 of 2018. 4.

In view of the aforesaid submission, for the reasons recorded in the order dated 02.01.2019, passed in W.P.No.47953 of 2018, this writ petition is also disposed of directing the respondents to consider the representations of the petitioner dated 28.06.2019 and 27.08.2019 for promotion to the post of Section Officer, by duly taking into account the guidelines framed in G.O.Ms.No.257, dated 10.06.1999 and G.O.Ms.No.66, dated 30.01.1991 and pass appropriate orders in accordance with law within a period of Eight weeks from the date of receipt of a copy of this order.

5.

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

Pending miscellaneous applications, if any, shall stand closed. ______________________________ ABHINAND KUMAR SHAVILI, J 15th October, 2019 ajr