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.

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 was not considered. Aggrieved by the same, the petitioner approached the CM’s office on 28.09.2020 for redressal of his grievance, but he was restrained. The Inspector of Police, Tadepalli addressed a letter dated 29.09.2020 to the 5th respondent projecting the issue as if the petitioner impersonated. The 5th respondent addressed a letter to the 4th respondent referring the report submitted by the Inspector of Police, Tadepalli P.S. dated 29.09.2020. The 4th respondent addressed a letter dated 30.09.2020 to the 3rd respondent to take appropriate action. The 3rd respondent without following the procedure has straight away issued charge memo dated 07.11.2020, which is contrary to Rule 20 of the CCA Rules. As per the policy of the Government, the enquires must be completed within three months and in complicated cases within six months. In the present case the charge memo was issued on 07.11.2020, but till now no Enquiry Officer was appointed. Based on the pendency of the disciplinary proceedings, the respondents denied the promotion of the petitioner, which is illegal. Hence, the present Writ Petition is filed.

4. After notice, the 3rd respondent has filed counter. According to the averments made in the counter, the petitioner was appointed as Sub-Inspector of Police (Civil) in Zone -VI i.e., Hyderabad range on 20.09.1998. As per the G.O.Ms.No. 137 Home (Pol.E) Department, dated:01.06.1998 r/w 208 Home, petitioner had completed the prescribed period of 6 years in the rank of Sub-Inspector (Civil) by 19.09.2004 and became eligible to promote to the next higher rank i.e., Inspector of Police (Civil). Thereafter, the petitioner was repatriated to Zone- II i.e., Eluru Range as he was found surplus to the quota of 30% meant for non-locals in Zone VI Vide G.O.Rt.No.291/Home (Ser-II) Department, dated 16.12.2006. The petitioner reported for duty on 18.04.2006. His seniority in the cadre of Sub-Inspector(Civil) was fixed in the new unit with effect from 18.04.2006 as per Rule 35(b) of A.P. State and Subordinate Service Rules. As per the seniority and availability of vacancies, his juniors and the petitioner came into zone of consideration during the panel year 2011-2012. By the time his immediate junior Sri.K.Soloman Raju in the SIs (Civil) seniority list was included for promotion as Inspectors of Police (Civil) for the panel year 2012-2013 and promoted as Inspector of Police (Civil) by the 3rd respondent vide order dated 14.03.2013. During the subsequent panel years, the petitioner was under currency for the punishments.

5. It is submitted that on 29.09.2020, Inspector of Police, Tadepalli P.S submitted a report to the 5th respondent stating that on 28.09.2020 at 8.00 a.m. the petitioner came in civil dress to Hon'ble Chief Minister's Camp Office and tried to g