Telangana High Court
WP/40681/2014 of Y.Md.Kaleem, S/o.Late.Y.Md.Saheb, Vs The Vice Chairman AND Managing Director, on 30 December 2014
R. KANTHA RAO W.P.No.40681 of 2014 ORDER: Heard learned counsel appearing for the petitioner and learned counsel appearing for respondents 1, 3 and 4. This Writ Petition is filed seeking to declare the action of the 1st respondent in not considering the case of the petitioner for promotion to
HON’BLE SRI JUSTICE R. KANTHA RAOW.P.No.40681 of 2014
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ORDER:
Heard learned counsel appearing for the petitionerand learned counsel appearing for respondents 1, 3 and4.
This Writ Petition is filed seeking to declare the action of the 1[st] respondent in not considering the caseof the petitioner for promotion to the post of AccountantGrade-I on par with his juniors, as arbitrary and illegal.
The petitioner was appointed as AccountantGrade-III on 16.06.1989 in the respondent-Corporationand subsequently promoted to the post of AccountantGrade-II. While so, based on some allegations, acriminal case was filed against the petitioner.Subsequently, departmental enquiry was initiated.Pursuant to the enquiry report, the petitioner wasimposed with the punishment of stoppage of twoannual grade increments without cumulative effect,pending finalization of the criminal case. Thereafter, thecriminal proceedings against the petitioner werequashed.
The grievance of the petitioner is that all his juniorswere promoted and his case was not considered forpromotion as criminal case is pending against him and punishment of deferment of annual increments for aperiod of two years was imposed in the departmentalenquiry. Now the criminal case is quashed and thepunishment of deferment of annual increment for aperiod of two years is also set aside by this Court inW.P.No.10185 of 2014.
Having regard to the facts and circumstances, theWrit Petition is disposed of directing the respondents toconsider the case of the petitioner for promotion to thepost of Accountant Grade-I subject to his eligibility andtaking into consideration the quashing of criminal caseand also setting aside the punishment imposed againsthim in the departmental enquiry by this Court inW.P.No.10185 of 2014.
Miscellaneous petitions, if any, pending in this writpetition shall stand closed.
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JUSTICE R. KANTHA RAO
30[th] December, 2014rkk