ORDER :

1. This writ petition is filed under Article 226 of Constitution of India seeking the following relief:

“….to issue writ order or direction more particularly one in the nature of Writ of Mandamus questioning he orders passed by the respondent N.2 i.e. Director of Adult Education vide Proceedings Rc.No.1030/A/DAE/TS/2022 dated 23.08.2022 cancelling the petitioner’s promotion orders issued vide Proceedings No.Rc.458/A1/DAE/TS/2015-1 dated 23.10.2021 issued by the respondent No.2 and reverting the petitioner as Project Officer, Adult Education on the ground of pending criminal case No.CC No.324/2021 was not brought to the notice of DPC by the petitioner is nothing but arbitrary, illegal, unjustified and contrary to the provisions of relevant rules apart from violation of Articles 4, 16 of the Constitution of India and consequently to set aside the same …”

2. Heard Sri V.Rohith, Learned Counsel for the petitioner and the Government Pleader for Services-I

3. The learned Counsel for the petitioner submits that initially the petitioner was appointed as Supervisor in Adult Education Department under Physically Handicapped Quota and later he was promoted as Project Officer in the year 2014. While the petitioner was working at Adilabad he was placed under suspension along with two others on the allegation of misappropriation of an amount of Rs.7,98,000/- with regard to release of honorarium to Village Coordinators and Mandal Coordinators on 27.08.2018 and the suspension of the petitioner was revoked and reinstated into service on 04.07.2019. Thereafter, departmental enquiry was initiated against the petitioner and basing on the Enquiry Officer’s report dated 09.09.2019, the respondent No.2 imposed major punishment of withholding of one Annual Grade Increment with cumulative effect.

4. The learned Counsel for the petitioner further submits that basing on the complaint filed by the Deputy Director, Adult Education (FAC), Nizamabad a criminal case was registered by the police against the petitioner and two others and charge sheet was filed on 08.02.2020 under Sections 420, 468 r/w.34 of Indian Penal Code wherein the petitioner was shown as the Accused No.2 and the same is pending before the I Additional Judicial Magistrate of First Class, Special Mobile Court, Nizamabad in CC No.324 of 2021.

5. The learned Counsel for the petitioner submits that in the Enquiry Report, there was no finding against the petitioner with regard to alleged misappropriation of funds and it was only due to supervisory lapses on the part of the petitioner. The alleged misappropriation amount of Rs.7,98,000/- was recovered from the accused No.1 and 3 and no amount was recovered from the petitioner.

6. The learned Counsel for the petitioner further submits that after imposing punishment and after completion of currency of punishment, the petitioner was promoted as Deputy Director, Adult Education on 23.10.2021. Thereafter the petitioner made representation to the respondent No.2 on 25.07.2022 requesting to withdraw criminal proceedings in CC No.324 of 2001 narrating all the facts. But, surprisingly the respondent No.2 issued impugned proceedings dated 23.08.2022 reverting the petitioner from the post of Deputy Director to Project Officer on the ground that he did not bring the matter of filing charge sheet in criminal case to the authorities.

7. The learned Counsel for the petitioner submits that the every aspect pertaining to the alleged misappropriation amount was within the knowledge of respondent Nos. 2 and 3 and therefore the question of not brining the same to their notice does not arise. In fact the screening committee approved the name of the petitioner for inclusion in the panel for the year 202122 for promotion and thereafter the DPC considered the same and issued promotion orders to the petitioner as Deputy Director of Adult Education and the impugned order cancelling the promotion and consequent orders of reverting the petitioner to the post of Pro