P. Kalyana Rao, v. The 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.15125 of 2016 Date: 28.04.2016 Between:

P. Kalyana Rao .. Petitioner and State of Andhra Pradesh rep. by its Prl. Secretary, Municipal Administration and Urban Development Department, Hyderabad and three others.

.. Respondents Counsel for the petitioner : Mr.P.Amarender Counsel for respondent Nos.1 to 3: GP for Services (AP) The Court made the following:

Order : (Per Hon'ble Sri Justice C.V.Nagarjuna Reddy) Order dated 11.04.2016 in O.A.No. 1294 of 2016 on the file of the Andhra Pradesh Administrative Tribunal at Hyderabad (for short 'the Tribunal') is questioned in this writ petition. 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 2014, the respondents have not proceeded with the same; that they have not even appointed an Enquiry Officer despite lapse of one and half 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 disposed of the O.A declining to intervene in the matter of promotion to him, 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.

8690 of 2016 in support of his submission that nonconsideration 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.18776 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 va