M.Nagarjuna Reddy vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble T. Rajani
Listed On:
20 Aug 2019
Original Order Copy
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Order Text
SMT. JUSTICE T.RAJANI
WRIT PETITION No. 10148 OF 2019
ORDER:
This writ petition is filed seeking to declare the action of respondent No. 3 in continuing departmental proceedings in C.No. 12/OEPR/2012 dated 09-06-2012 initiated by him, on the ground that the petitioner is involved in criminal proceedings in O.R.No. 183/2011-12 of Forest Range Officer, Kadapa, even though the police filed referred charge sheet against the petitioner in the said crime, as illegal and arbitrary.
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Heard learned counsel for the petitioner and learned Government Pleader for Home.
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Learned counsel for the petitioner submits that the petitioner was alleged to have been involved in a crime, which is a forest offence, and in that regard, a departmental enquiry was initiated and that against the same, the petitioner filed O.A.No. 6969 of 2012 on the file of Andhra Pradesh Administrative Tribunal at Hyderabad and by virtue of order dated 21-09-2016, the Tribunal disposed of the above O.A. directing respondent No. 2 herein to stop departmental enquiry in case forest officials filed charge sheet against the petitioner in O.R.No. 183/2011-12 and so long as trial is pending. Learned counsel now submits that the police filed charge sheet deleting the name of the petitioner and hence, continuation of departmental proceedings against the petitioner and nonconsideration of his name for promotion would be unjust.
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Learned counsel for the petitioner, in support of his contentions, relies on the judgment of a Division Bench of High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh in K.Hari Das Vs. State of A.P.<sup>1</sup> , wherein it was held that promotion cannot be denied only on the ground of pendency of disciplinary proceedings initiated against him.
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Hence, in view of the above, departmental proceedings against the petitioner are liable to be set aside and are accordingly set aside and respondent No. 3 is directed to consider the name of the petitioner for promotion to the post of Head Constable.
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The writ petition is accordingly allowed. Pending miscellaneous applications, if any, shall stand closed in consequence.
___________ T.RAJANI, J.
Date: 20-08-2019. JSK
1 W.P.No. 8690 OF 2016
SMT. JUSTICE T.RAJANI
WRIT PETITION No. 10148 OF 2019
DATE: 20TH AUGUST, 2019
JSK