D. RAMESH
Madda Adam – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. The Writ Petition under Article 226 of the Constitution of India is filed seeking to call for the records pertaining to impugned charge memo dated 07.11.2020 and set aside the same as bad, illegal and arbitrary.
2. The case of the petitioner is that the petitioner was initially appointed as Sub-Inspector of Police (Civil) in the year 1998. He became eligible for promotion to the post of Inspector of Police in the year 2008, but the promotion was denied on the ground of punishment of stoppage of two increments with cumulative effect issued in the year 2007. Subsequently, the petitioner was dismissed from service vide proceedings dated 16.07.2011. Aggrieved by the same, the petitioner filed OA.No.3827 of 2011 before the Tribunal. The said O.A. was allowed vide judgment dated 10.07.2014. Against the Judgment passed in OA.No.3827 of 2011, the department filed W.P.No.28519 o f 2014. The said Writ Petition was dismissed vide order dated 19.11.2014. Accordingly the petitioner was reinstated into service vide proceedings dated 07.02.2015.
3. The petitioner was targeted on trivial issues hence, the petitioner submitted a representation to Spandana in the year 2020. But the same wa
Delay in disciplinary proceedings and the denial of promotion based on past punishments cannot be used to indefinitely bar an employee from consideration for promotion.
The main legal point established in the judgment is that disciplinary proceedings initiated against an officer must be based on valid grounds and not used as a means to curtail the officer's promotio....
Delay in issuing a Charge Memo does not invalidate serious charges; promotion consideration cannot be blocked by ongoing disciplinary actions.
An authority exercising reconsideration of punishment must also consider connected claims like retrospective promotion if fresh orders are to be passed.
The charge memo must contain specific charges and be issued in accordance with the relevant rules, and promotions should not be denied based on stage-managed allegations after the crucial promotion d....
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