ORDER :

1. This writ petition is filed for the following relief:

“.......to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Assistant Commissioner of Endowments as wholly illegal, arbitrary and un-constitutional and violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents to consider my case for promotion with all consequential benefits with effect from the date that is w.e.f. 10.07.2019, on which date petitioner’s juniors are promoted with all service benefits including areas of salary, seniority, promotion etc., in the interest of justice”

2. Heard Learned Counsel for the petitioner and Learned Government Pleader for Endowments appearing for the respondents.

3. Learned Counsel for the petitioner submits that while the petitioner was working as Executive Officer Grade-I at Sri Peddamma Devalayam, Jubilee Hills, Hyderabad, at the instance of a contract employee of the temple, a case was registered against the petitioner vide Crime No.14/RCT-CR-1/2019 dated 07.05.2019 by the Anti Corruption Bureau (ACB) and the complaint was filed just before promotion was taken up by the department, obviously, it was a trap to deploy and deprive the petitioner of consideration by certain individuals with vested rights. The right to consider for promotion is a fundamental right and merely registration of a case by the authority cannot deprive the petitioner of consideration for promotion. But, the respondents have not considered the case of the petitioner for promotion and on the other hand, promoted four of the juniors of the petitioner vide proceedings dated 10.07.2019. The Charge Sheet was filed on 22.07.2021 and even after two years, there is absolutely no progress and pending for Trial.

4. Learned Counsel for the petitioner further submits that firstly, non-consideration of the case of the petitioner for promotion and promoting the juniors of the petitioner on 10.07.2019 is absolutely illegal, arbitrary and unconstitutional and secondly, the respondents are proposing to undertake promotions once again to the post of Assistant Commissioner of Endowments since, there are 6 vacancies. If the Department once again ignore the case of the petitioner, the petitioner will suffer irreparable loss and requested to consider the same and allow the Writ Petition.

5. Learned Counsel for the petitioner relied upon the following judgements:

1. A.Jalender Reddy Vs. State of Telangana and Another, 2017 (4) ALD 538.

2. State of M.P. Vs. J.S.Bansal and Another, AIR 1998 Supreme Court 1015.

3. Delhi Jal Board Vs. Mahinder Singh, AIR 2000 Supreme Court 2767.

4. N.Shankar Prasad Vs. State of Andhra Pradesh and Others, 2021 (4) ALD 389 (AP) (DB).

5. State of Andhra Pradesh and Another Vs. Ch.Venkat Rao, 2022 (6) ALD 400 (AP) (DB).

6. Learned Government Pleader for Endowments appearing for the respondents basing on the counter submits that promotion/ appointment by transfer to a higher post in respect of officers who are facing disciplinary proceedings or a criminal case and whose conduct is under investigation and whose case falls under the group referred in G.O.Ms.No.424, General Administration (Ser.C) Department, dated 25.05.1976 shall be deferred. In the present case, the petitioner was trapped by the officials of ACB on 07.05.2019 A.N. and criminal case has been registered against him in Crime No.14/RCT-CR-1/2019 of A.C.B., City Range-I, Hyderabad U/s.7(a) of the Prevention of Corruption Act, 1988 (Central Act, 49 of 1988) and charge sheet has also been filed vide C.C.No.65/2021 and the matter is pending and the case of the petitioner was not considered for promotion to the post of Assistant Commissioner of Endowments and requested to dismiss the Writ Petition.

7. After hearing both sides, this Court is of the considered view that the petitioner was