Ch. Srinivas v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE SRI JUSTICE M.GANGA RAO WRIT PETITION No.34881 OF 2018 ORDER: (Per Hon'ble Sri Justice Sanjay Kumar) The petitioner is the applicant in O.A.No.1794 of 2018 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad. The said O.A. is still pending consideration on merits. While so, the present Writ Petition was filed aggrieved by the refusal of the Tribunal to grant interim relief to the petitioner on the ground that charges were framed against him in April and May, 2018, and were grave in nature.

By order dated 27.09.2018, this Court directed the case of the petitioner-applicant to be considered in accordance with G.O.Ms.No.257, General Administration (Ser-C) Department, dated 10.06.1999, as and when promotions are taken up. Though no counter affidavit has been filed by the respondents, we are of the opinion that no further adjudication can be taken up by this Court in the present Writ Petition as the O.A. is still pending consideration before the Tribunal. As the Government of Andhra Pradesh prescribed the guidelines to be followed by the authorities while considering the candidature of employees for further promotion, who are facing either departmental or criminal proceedings, vide G.O.Ms.No.257 dated 10.06.1999, it is for the authorities concerned to apply such guidelines on a case-to-case basis. As the interim order passed by this Court is to the same effect, it would suffice to close this writ petition making the said interim order absolute. The Writ Petition is accordingly closed. The case of the petitioner shall be considered in accordance with G.O.Ms.No.257

dated 10.06.1999 as and when promotions are taken up for the post of Municipal Commissioner, Grade-I.

Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

____________________ SANJAY KUMAR, J ____________________ M. GANGA RAO, J 15th November, 2018 sur