V. ESWARAIAH, J :- Since the question involved in both the writ petitions is one and the same and both the O.As on the file of the Andhra Pradesh Administrative Tribunal are filed by the same applicant, namely, A. Ramulu, who is petitioner in WP No.2l739 of 2009 and 1st respondent in WP No.19913 of 2009, as such these two writ petitions are being heard together and disposed of by a common order.

2. Government filed WP No.19913 of 2009 aggrieved by the order of the Tribunal in OA No.7307, dated 3.7.2009, directing to consider the case of the applicant for promotion without reference to the disciplinary proceedings. The said interim order was made absolute by order dated 24.8.2009. The applicant, A. Ramulu filed WP No.2l739 of 2009 seeking writ of mandamus to declare the orders of the Tribunal in OA No.6719 of 2009, dated 24.6.2009 and 24.8.2009 as illegal and arbitrary and to set aside the same.

VW No. 19913 oj 2009:

3. The 1 st respondent filed OA No.7307 of 2009 before the Andhra Pradesh Administrative Tribunal seeking a direction to consider his case for promotion to the post of Assistant Commissioner of Prohibition and Excise and the Tribunal by its order dated 3.7.2009 directed the Government to consider his case for promotion to the post of Assistant Commissioner of Prohibition and Excise without reference to the disciplinary proceedings initiated against him in G.O. Rt. No.444, Revenue Department, dated 11.2.2008, in the ensuing D.P.C., which will meet on 4.7.2009, pending disposal of the O.A. The said order was made absolute on 24.8.2009. Aggrieved by the same, the Government filed this writ petition.

WP No.21739 of 2009:

4. The petitioner filed OA No.67l9 of 2009 before the Andhra Pradesh Administrative Tribunal to declare the action of the respondents in not considering his case for promotion to the post of Assistant Commissioner of Prohibition and Excise on the sole ground of pendency of disciplinary proceedings initiated in G.O. Rt.No.444, Revenue (Vig.V) Department, dated 11.2.2008, without completing the said disciplinary proceedings within the stipulated time as illegal and arbitraly and to direct the Government to forthwith consider his case for promotion to the post of Assistant Commissioner of Prohibition and Excise. The Tribunal while issuing notice before admission on 24.6.2009, posted the matter to 6.7.2009 so as to enable the Government to file counter and in the meanwhile it was directed not to effect any promotions. The said order was vacated by the Tribunal on 24.8.2009. Aggrieved by the same, the applicant filed this writ petition.

5. For the purpose of convenience, the parties hereinafter are referred to as they were arrayed before the Tribunal as applicant and respondents.

6. The facts, in brief, are that the applicant, A. Ramulu filed OA No.942 of 2009 seeking the following prayer:

“It is therefore prayed that this Hon'ble Tribunal in the interest of justice be pleased to declare the action of the respondents in not considering the claim of the applicant for promotion as Assistant Commissioner of Prohibition of Excise against a vacancy reserved to be filled by Scheduled Caste candidates on the ground of pendency of disciplinary proceedings initiated pursuant to Charge Memo issued vide G.O. Rt. No.444, Revenue (Vigilance. V) Department, dated 11.2.2008 and consequently to direct the respondents to consider the claim of the applicant for promotion as Assistant Commissioner of Prohibition and Excise against a vacancy reserved to be filled by Scheduled Caste candidates as per his seniority, suitability and eligibility and without reference to the pendency of the disciplinary proceedings with all consequential benefits and pass such other order or orders as may be deemed fit and proper in the circumstances of the case.”

7. It is his case that while he was working as Prohibition and Excise Superintendent he was unnecessarily implicated in a sting operation conducted on 31.10.2007 on a false complaint that