Timely resolution of disciplinary proceedings is essential to prevent unjust delays in promotions, and courts may compel an organization to expedite such processes.

ORDER :

Surepalli Nanda, J.

Heard Sri J. Sudheer, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services-I I appearing on behalf of the respondents.

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

“…to call for the records pertaining to Charge Memos dated 10.01.2018 and dated 15.05.2019 and set them aside as bad, illegal, irrational, illogical, baseless, trivial, belated and consequently direct the respondents to promote the petitioner as Administrative Officer with effect from the date on which she is entitled / availability of vacancy, with all consequential benefits by issuance of Writ of Mandamus/ Certiorari or to issue Writ, Order or Direction in the interest of justice and to pass

3. The case of the petitioner, in brief, is that the petitioner joined in the respondent department as typist on 28.11.2008 and got promoted as senior assistant on 03.01.2013.

Thereafter, the petitioner had not been considered for promotion to the post of Administrative officer due to pendency of two Disciplinary proceedings against the petitioner. The petitioner’s further case is that one of the disciplinary proceedings i.e., charge memo, dated 10.01.2018 needs to be set aside as the proceedings against the other similarly placed persons were withdrawn and the another proceedings i.e., charge memo, dated 15.05.2019 with regard to surprise check in the year 2016 is untenable as there is no specific allegation and evidence against the petitioner herein. Hence the petitioner preferred the present writ petition seeking to set aside and quash both the disciplinary proceedings and also sought direction to respondents to consider the petitioners request for promotion to the post of Administrative officer.

4. PERUSED THE RECORD:-

A. Letter No.117/ V3/ V2/ 2016, dated 03.05.2021 addressed by the Joint Transport Commissioner (V), Office of the Transport Commissioner, Telangana, Hyderabad addressed to the Director General of ACB, Anti Corruption of Bureau, Government of Telangana, Hyderabad is extracted hereunder:-

“In the reference 4^th and 5^th cited, copies of the documents mentioned in Annexure IV of the articles of charges pertaining to the surprise check conducted by ACB Officials on 04.01.2016 in the office of the DTC, Karimnagar, were requested as desired by the charged officers so as to communicate the same to the individuals for submitting their written statements of defence. But till date no reply has been received in this office.

B. The counter affidavit has been filed on behalf of the respondents and in particular para Nos. 4, 6 & 8 are extracted hereunder:-

4. It is submitted that there are two pending against Smt T.Rajitha, Senior Assistant i.e., ACB case and one Departmental case. Facts relevant to the present Writ Petition are that, with regard to Departmental Case (File.No.2687/ V1/ 2017); the charge was dropped by Govt.vide G.O.Rt No.162, dated 04.04.2023, Tr.R&B (Tr.Vig.) Department and the same was communicated to the individual on 16.06.2023. Hence, no charge is pending against the petitioner in this regard.

6. It is submitted that in response thereto, in Lr.No.Nil, dated 10.08.2021, the Inspector of Police, ACB, Karimnagar District furnished the listed documents of the Article of Charges framed against the petitioner Smt Tejavath Rajitha, Senior Assistant and others. The said documents were furnished to all the charged officers, vide Transport Commissioner Office Memo.No.117/V3/V2/2016, dated 24.08.2021. In response thereto, explanations