JUDGMENT :

PRASHANT KUMAR MISHRA, J.

1. This writ appeal would call in question the legality and validity of the order dated 02.03.2022 passed by learned single Judge allowing W.P. No. 165 of 2022 filed by the respondent/writ petitioner claiming promotion as Assistant Sub-Inspector with retrospective effect from the date of promotion of his junior.

2. It is not in dispute that while the writ petitioner was working as Head Constable with effect from 05.09.2012, an FIR in Crime No. 154 of 2019 was registered against him on 01.05.2019 for the offence under Sections 338 and 337 IPC, which was altered to Sections 304-A and 337 IPC r/w Sections 132 and 134 of the Motor Vehicles Act for rash and negligent driving of the petitioner. Subsequently, C.C. No. 567 of 2019 arising out of the said crime number ended in acquittal in the Court of the XV Additional Metropolitan Magistrate, Bheemunipatnam vide order dated 06.11.2020. However, in the meanwhile, the 2nd respondent in the writ petition (appellant No. 2 in this appeal) issued a charge memo in C. No. 08/PR/2019 to the petitioner on the same set of allegations. On 03.10.2019, the petitioner submitted his explanation to the charge memo. During