R.V.S.Seshagiri Rao v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE M.S.K.JAISWAL WRIT PETITION No.26817 of 2017 Date:10.8.2017 Between:

R.V.S.Seshagiri Rao, S/o Nagabhushanam ..... Petitioner And:

The State of A.P., retpd., by its Principal Secretary, MA & UD Department, Hyderabad and another.

.....Respondents Counsel for the petitioner: Mr. R.Rajasekhara Rao Counsel for the respondents: GP for Services (Andhra Pradesh) The Court made the following:

CVNR, J & MSKJ, J W.P.No.26817 of 2017 Dated:10.8.2017 ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed feeling aggrieved by order, dated 18.4.2017, in O.A.No.924 of 2017, whereby the Andhra Pradesh Administrative Tribunal at Hyderabad (for short 'the Tribunal') has dismissed the said O.A.

The grievance with which the petitioner has filed the afore-mentioned O.A. before the Tribunal was that his case is not being considered for promotion to the post of Executive Engineer solely on the ground of pendency of departmental proceedings against him. It is the pleaded case of the petitioner that though the departmental proceedings were initiated as far back as the year 2012, the same are not completed and that, therefore, he cannot be denied the opportunity of being considered for promotion to the post of Executive Engineer on the ground of pendency of departmental proceedings. At the hearing, Mr. R.Rajasekhara Rao, the learned counsel for the petitioner, as well as the learned Government Pleader for Services (Andhra Pradesh) submitted that an enquiry officer was appointed on 03.02.2017.

Learned counsel for the petitioner submitted that though more than six months had elapsed from the date of appointment of the enquiry officer, the enquiry has not been completed and the final order has not been passed.

CVNR, J & MSKJ, J W.P.No.26817 of 2017 Dated:10.8.2017 In view of the afore-mentioned facts of the case, the respondents are directed to complete the enquiry and pass an appropriate order in the departmental proceedings initiated against the petitioner within three months from the date of receipt of a copy of this order, failing which, the petitioner shall be considered for promotion to the post of Executive Engineer without reference to the pendency of departmental proceedings. Subject to the above directions, the Writ Petition is disposed of.

As a sequel to disposal of the Writ Petition, WPMP.No.33297 of 2017 filed by the petitioner for interim relief is disposed of as infructuous.

_____________________________ JUSTICE C.V.NAGARJUNA REDDY _____________________ JUSTICE M.S.K.JAISWAL 10th August 2017 DR