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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 :
“…. 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 though the punishment awarded as illegal, arbitrary, intentional, deliberate, against law, colourable exercise of powers
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
Denial of promotion based solely on pending criminal proceedings constitutes unjust punishment, especially when trials are unduly delayed.
An employee has right for consideration for promotion, but has no right to ask promotion as a matter of course
The central legal point established in the judgment is that government servants facing disciplinary or court proceedings for promotion should be considered in accordance with G.O.Ms.No.257, and delay....
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