Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SMT JUSTICE V. SUJATHA, J
K. Kesaiah – Appellant
Versus
A P Transmission Corporation Limited – Respondent
| Table of Content |
|---|
| 1. petitioner was suspended and reinstated (Para 2) |
| 2. petitioner argues against promotion denial (Para 3) |
| 3. respondents argue based on g.o. (Para 4) |
| 4. petitioner filed additional affidavit (Para 5) |
| 5. court hears arguments from both sides (Para 6) |
| 6. court discusses promotion rights (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 7. promotion not a fundamental right (Para 18 , 19) |
| 8. writ petition dismissed (Para 20 , 21 , 22) |
ORDER :
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
“…. to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent authorities in not considering the candidature of the petitioner to his further promotional post as Assistant Divisional Engineer under the guise of pending C.C.No.6 of 2010 on the file of Special Judge for ACB Cases at Vijayawada, and even the Departmental enquiry is not yet initiated as similarly situated persons like the petitioner even though criminal cases are pending or departmental proceedings are concluded are promoted to their respective promotional post, even
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.
Denial of promotion based on mere inquiry without formal charges is arbitrary and violates the right to be considered for promotion under Article 16(1).
An employee has right for consideration for promotion, but has no right to ask promotion as a matter of course
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
