C.V.NAGARJUNA REDDY, G.SHYAM PRASAD
K. Sai Ram – Appellant
Versus
State of Andhra Pradesh, represented by its Principal Secretary, Municipal Administration and Urban Development Department – Respondent
C.V. Nagarjuna Reddy, J.
Feeling aggrieved by order, dated 30.06.2017, in O.A.No.1247 of 2017 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short the Tribunal), the unsuccessful applicant in the said O.A. filed this writ petition.
2. The grievance of the petitioner before the Tribunal was that though a charge memo was issued as far back as 22.10.2014, so far enquiry proceedings have not been commenced as enquiry officer has not been appointed and that despite the direction issued by the Tribunal on 11.01.2017 in O.A.No.57 of 2017 for completion of the disciplinary proceedings within three months, neither the disciplinary proceedings have been completed nor the petitioners case for promotion to the post of Municipal Commissioner Grade-I is being considered. The Tribunal, by the impugned order, has dismissed O.A.No.1247 of 2017 on a reasoning, which in our opinion, is wholly unsustainable. The Tribunal has observed that since order of the Tribunal (termed as Single Member) in O.A.No.57 of 2017 did not envisage consequences of such non-completion, the said order has to be construed as directory and not mandatory. While we do not find any distinction be
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