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High Court for State of TelanganaWP/41196/2017disposed of no costs

T.Purushothama Rao, v. The State Of Telangana,

2017-12-13A Ramalingeswara Rao3 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.41196 of 2017 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for the respondents.

2.

The petitioner states that he is working as Sub Inspector of Police, Alwal Traffic, Cyberabad, Ranga Reddy District. He was initially appointed as Sub Inspector of Police in the year 2008 and thus, he belongs to 2008 Batch. While working as Sub Inspector of Police in PCR, Cyberabad, departmental proceedings were initiated against him and a charge memo was issued on 09.05.2013. The said departmental proceedings have not been finalized so far. Though initially, he was kept under suspension on 03.05.2011, he was reinstated into service in March, 2013. He also states that he was accused in Crime No.7 of 2011, dated 25.04.2011, but was acquitted on 30.06.2017. Now, he states that promotions are going to be effected for the post of Inspector of Police and his case is not being considered because of pendency of departmental proceedings, in those circumstances, he filed the present Writ Petition seeking a direction to consider his case for promotion to the post of Inspector of Police.

3.

Learned counsel for the petitioner relied on a Division Bench decision of this Court between Government of Andhra Pradesh and another v. A. Rajeswara Reddy1, wherein this Court observed that departmental proceedings cannot be kept pending for a long time when G.O.Ms.No.679, G.A. (Ser.C) Department, dated 01.11.2008, 1 2010 (3) ALD 501 (DB)

directs completion of departmental enquiries within three months in simple cases and within six months in respect of complicated cases 4.

In the circumstances, there shall be a direction to the respondents to consider the case of the petitioner for promotion, if there is no Government order or Circular instructions prohibiting such consideration and if the petitioner is otherwise eligible, according to the Rules.

5.

Accordingly, the Writ Petition is disposed of. Miscellaneous petitions, if any, pending in these writ petitions, shall stand closed. There shall be no order as to costs.

________________________________ A.RAMALINGESWARA RAO, J DECEMBER 13, 2017 Note:

Furnish C.C.tomorrow.

(B/o) YVL

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.41196 of 2017 Date: 13.12.2017 YVL