B. Narasimhulu, v. The Engineer-In-Chief(Ph), Govt. Of A.P.

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] FRIDAY THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND SEVENTEEN PRESENT Between:

B. Narasimhulu ...

Petitioner V/s.

The Engineer-in-Chief [PH] Govt. of A.P. Garuda Apartments Tadepally, Guntur district & Ors.

....

Respondents Counsel for the Petitioner :

Sri P. Vinod Kumar Counsel for the Respondents:

GP for Services [AP] The court made the following:

[order follows]

O R D E R : [ORAL] [Per the Hon'ble Sri Justice Suresh Kumar Kait] This writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking to assail the order dated 01/06/2017 passed by the AP Administrative Tribunal, Hyderabad, whereby the OA filed by the petitioner has been dismissed.

2. It is not in dispute that ACB case is pending against the petitioner in the Special Court for SPE and ACB Cases, Kurnool for the offence punishable under section 13 [1] [e]/ 13 [2] of the Prevention of Corruption Act, 1988. Therefore, when charge sheet is pending before the Special Court for SPE and ACB Cases the petitioner cannot claim promotion as a matter of right.

3. In view of th above facts, we find no discrepancy in the order passed by the learned Tribunal and accordingly we confirm the same. Finding no merit in the writ petition, the petition is accordingly dismissed at the admission stage.

4. We hereby make it clear that liberty granted by the learned Tribunal to renew the request of the petitioner for promotion on par with the third respondent in case, the pending ACB case ends in his favour, is maintained.

5. The writ petition is accordingly dismissed. No costs.

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

______________________________ JUSTICE SURESH KUMAR KAIT.

_______________________________ DR. JUSTICE SHAMEEM AKTHER.

16/06/2017 I s L

[Per the Hon'ble Sri Justice Suresh Kumar Kait] Date: 16/06/2017 Circulation No. 135 Court Master: I s L