T.Srinivasa Sanjay, v. State Of Andhra Pradesh, Represented By Its Principal

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice M.S.K.Jaiswal Writ Petition No.15046 of 2016 Date: 28.04.2016 Between:

T.Srinivasa Sanjay .. Petitioner and State of Andhra Pradesh rep. by its Prl.Secretary Hyderabad and 2 others.

.. Respondents Counsel for the petitioner : Mr.P.Amarender Counsel for respondent Nos.1 & 2: GP for Services (AP) The Court made the following:

Order : (Per Hon'ble Sri Justice C.V.Nagarjuna Reddy)

This Writ Petition is filed feeling aggrieved by the refusal of interim order by the Andhra Pradesh Administrative Tribunal, Hyderabad, (for short 'the Tribunal'), while admitting OA.No.1265 of 2016.

The grievance of the petitioner, sought to be espoused in the above-mentioned OA, was that though disciplinary proceedings were initiated against him as far back as the year 2012, the respondents have not proceeded with the same; that they have not even appointed an Enquiry Officer despite lapse of four years thereafter; and that under the guise of pendency of the disciplinary proceedings, his case is not being considered for further promotion. As the Tribunal has not considered the above facts and merely observed that any promotions that may be made shall be subject to the result of the OA, the petitioner filed the present Writ Petition.

At the hearing Mr.P.Amarender, learned Counsel for the petitioner, has placed reliance on Order, dated 18.03.2016, in WP.No.8096 of 2016 in support of his submission that non-consideration of

the petitioner's case for promotion on the ground of pendency of the disciplinary proceedings against him is arbitrary.

The learned Government Pleader for Services (AP) appearing for respondent Nos.1 and 2 has fairly stated that the facts in WP.No.8690 of 2016 are similar to that in the present case. In view of the same, this Writ Petition is allowed in terms of Order, dated 18-03-2016, in WP.No.8690 of 2016 with the direction that the observations and directions contained therein shall form part of this order.

As a sequel, WPMP.No.18682 of 2016, filed by the petitioner for interim relief, is disposed of as infructuous.

______________________ (C.V.Nagarjuna Reddy, J) _______________ (M.S.K.Jaiswal, J) Dt: 28th April, 2016 lur