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 in completing the enquiry should not affect their eligibility for promotion.

ORDER :

This writ petition is filed seeking the following relief :

“…… to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Additional Director on the ground of pendency of F.I.R.No.35 of 2014 and Crime No. 10/ACB-KNR/2015, dated l6.05.2017 as illegal, arbitrary and contrary to Articles 14 and 16 of the Constitution of India and consequently direct the respondents to consider the case of the applicant for promotion to the post of Additional Director on regular basis without reference to FIR No.35 of 2014 and Crime No.10/ACB-KNR/2015, dated 16.05.2017 …..”.

2. Heard learned counsel appearing for the petitioner.

3. The brief facts of the case are as follows :

The petitioner was appointed as Civil Assistant Surgeon (Medical Officer) on 16.11.1989 at Primary Health Centre, Wankidi, Adilabad District, by the 3rd respondent. Thereafter, he was transferred to the Civil Hospital, Chennur, Adilabad District and worked there up to 1995. Subsequently, he was transferred to Area Hospital, Manchiryal, Adilabad District, and worked there up to 2002. Thereafter, again he was transferred to the Community Health Centre, Bellampally, Adilabad District and worked there up to 2004. In 2004, he got a seat for P.G. Course and joined for M.D.Course at Kakatiya Medical College, Warangal and completed his M.D. course in the year 2007. After completion of his PG course, he joined duty at District Head Quarters Hospital, and he was promoted to the post of Deputy Civil Surgeon in the year 2007 and posted as Deputy DM & HO at ITDA, Eturnagaram, Warangal District and worked there up to 2009 and promoted as Municipal Health Officer, Warangal. He has served various places in Tribal and Rural areas of Adilabad and Warangal District, and he was promoted to Civil Surgeon (General Line) and posted as DM & HO, Karimnagar and reported to duty on 04.09.2013 and worked there up to 17.11.2014. Throughout his entire service, there was no complaint against him. While working as DM & HO, Karimnagar, a trap was laid in his office on 17.11.2014. The ACB authorities have recovered the bribe amount of Rs.60,000/- from the Senior Assistant in the office for doing official favour to the defacto-complainant for cancellation of his deputation. After the trap, the scientific method by using samples of phenolphthalein powder and sodium carbonate powder was conducted, and in the said test, he was not proven. However, he was falsely implicated in the ACB case, and even the ACB authorities did not take his version on the day of the trap. Subsequently, on 17.12.2014, the ACB authorities served a notice to him and the same was received by him and also submitted a detailed explanation to the ACB authorities on 24.12.2014. Not satisfied with the explanation, the petitioner was kept under suspension w.e.f. 17.11.2014 and continued under suspension upto 07.06.2017. Based on the FIR, a criminal case was also registered against the petitioner in Cr.No.35/ACB-KNR/2014 and produced him before the II Additional Special Judge for SPE and ACB Cases at Hyderabad, and he got bail. The said case is pending adjudication before the Court below. Thereafter, his suspension was revoked, and he was reinstated into service and joined duty on 08.06.2017 and posted as Additional DM & HO, ITDA Utnoor, Adilabad District and working, as such, in the said place till date.

4. While the matter stood thus, the 3rd respondent intended to fill the vacant posts of Additional Directors from the category of Civil Surgeon (General Line)/Civil Surgeon Specialist under the administrative control of DPH & FW, Telangana State, Hyderabad, for the panel year 2017-18 vide proceedings Rc.No.3556/E1B/2018, dated 05.02.2018 duly enclosing the seniority list and provisional seniority list requesting to furnish the confidential reports for the last five years from 2012-13 to 2016-17