Denial of promotion as arbitrary when a prior penalty is set aside; principles of natural justice require due consideration of relevant orders.

ORDER :

Surepalli Nanda, J.

Heard Sri G. Ravi Chandra Sekhar, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Services (Home), appearing on behalf of respondent Nos.1 to 3.

2. The petitioner approached the Court seeking prayer as under:

“…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus under Article 226 of the Constitution of India declaring the action of the Respondents in not considering the seniority of Petitioner for promotion of PCs (AR) as HCs (AR) in spite of setting aside the impugned order by 2^nd Respondent as null, void, illegal, arbitrary unconstitutional and against principle of natural justice and violation of Articles 14, 19, 21 of Constitution of India and consequently memo issued by the 3^rd respondent in C. No. 3768/A1/2022 dated 10-10-2022 is illegal and arbitrary, violating Articles 14 and 16 of the Constitution of India and direct the 3^rd Respondent to consider the Petitioner promotion as HCs (AR) on par with his batch mates and to pass Prayer is amended as per C. O. dt 19/12/2022 in IA 2/2022”.

3. The case of the petitioner in brief, is that the petitioner has been appointed as Police Constable in the year 1999. The petitioner was suspended from services on 01.05.2022 due to his arrest in Cr.No.58/2002 for the offences under Sections 468 , 471, 474, 420, 477 of IPC of PS Karepally and the Commandant revoked his suspension on 11.05.2004 and the petitioner joined duty. The petitioner further submits that the criminal case ended in acquittal but the Departmental Enquiry dated 21.11.2015 was proved against the petitioner and awarded the punishment of “PPI for one (1) year without effect” on his future increments and pension, treating the suspension period from 12.5.2002 to 21.06.2004 as “Not on Duty”. Aggrieved by the same the petitioner preferred appeal and the Appellate Authority set aside the said punishment and ordered the suspension period to be treated as “On duty”. The petitioner was relieved on 15.03.2018 from the office of the Commandant, 4^th Bn, TSSP, Mamnoor, Warangal to join as Police Constables (AR/SAR CPL)(Men) by transfer and accordingly the petitioner joined as PC (AR) in Khammam District.

The petitioner further submits that the 2nd respondent issued order dated 30.12.2019 for promotion of PCS (AR) as HCs (AR), but the petitioner was denied promotion without counting his seniority. Aggrieved by the same, the petitioner submitted a representation before the 3^rd respondent for consideration of his promotion as Head Constable and the same was rejected by the 3^rd respondent vide Memo, dated 10.10.2022. Aggrieved by the action of the respondents the petitioner approached the Court by filing the present writ petition.

4. PERUSED THE RECORD.

A. The relevant portion of the impugned proceedings C.No.10/ PR/ A6/ 2002, (DO No.1466/ 2015), dated 21.11.2015 issued by the 12th Bn., TSSP, Nalgonda is extracted hereunder

“I have gone through the entire file and connected records carefully, the case registered against the charged officer in Cr.No.58/02, u/s 468, 471, 474, 420, 477 IPC of PS Karepally has been ended acquittal in the Court of the Judicial Magistrate of First Class at Yellandu. But the departmental enquiry has been proved. The charged officer being a Government servant has been submitted fake certificate from the Board of Adult Education and Training, New Delhi, which is equivalent to intermediate for SI and RSI selections to get the reservation benefit. As stated by the vendor the above certificate was purchased by PC-608 and same was false and he also fails to inform about the criminal case on him for the