VENKATA JYOTHIRMAI PRATAPA
B. Santosh – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
Venkata Jyothirmai Pratapa, J.
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
2. Heard Sri G.V.S.Kishore Kumar, learned counsel for the petitioners and learned Assistant Government Pleader for Service.
3. It is contended that because of pendency of the disciplinary proceedings, the respondent authorities are trying to deny the promotion of the petitioners. It is stated that as per G.O.Ms.No.257 dated 10.06.1999, mere pendency of disciplinary proceedings or pendency o
Mere pendency of disciplinary proceedings does not bar consideration for promotion, as established by G.O.Ms.No.257.
The court upheld that an employee does not acquire a right to promotion while facing grave disciplinary charges, allowing administrative discretion in such matters.
Promotion cannot be claimed as a matter of right when a criminal case is pending against an employee, despite the right to be considered for promotion.
Pendency of disciplinary proceedings shall not be a bar for consideration of promotion, if the employee is otherwise eligible.
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