The mere pendency of disciplinary proceedings does not automatically bar a government employee's promotion under relevant rules.

ORDER :

Pulla Karthik, J.

Since the subject matter of both these cases is inter-connected, they are heard together and are being disposed of by way of this common order.

2. W.P.No.30062 of 2024 is filed seeking to declare the action of respondent No.2 in overlooking the case of the petitioner for promotion to the post of Head Nurse/Senior Nursing Officer on the alleged ground of initiation of disciplinary proceedings as illegal, arbitrary, violative of Articles 14 and 16, and contrary to Rule 5(b)(i) of the Telangana State and Subordinate Service Rules, 1996, and consequently, to direct the respondents to consider the case of the petitioner for promotion to the post of Head Nurse/Senior Nursing Officer in Multi Zone-I from the date of inclusion of the names of Nursing Officers in proceedings dated 13.03.2024 or any other subsequent date in pursuance of proceedings dated 16.10.2024.

3. C.C.No.2608 of 2024 is filed seeking to punish the contemnor for his/her willful and deliberate violation of the interim order dated 29.10.2024 passed in W.P.No.30062 of 2024.

4. Heard Sri K. Ram Reddy, learned counsel appearing for the petitioner and learned Government Pleader for Services-I, appearing on behalf of the respondents/contemnor in the contempt case.

5. Learned counsel for the petitioner submits that the petitioner was initially appointed as a Staff Nurse/Nursing Officer in November, 1998, and she has been discharging her services as such, without any complaints whatsoever. While so, since the petitioner being senior among the other Staff Nurses, her service particulars were called for during December, 2023. Thereafter, a list of Nursing Officers in Zone- I, eligible for promotion to the post of Senior Nursing Officer was prepared, wherein, the petitioner’s name was shown at Sl.No.4, and promotion counseling was scheduled vide proceedings dated 13.03.2024. However, the petitioner’s name was not included in the annexure therein, and she was overlooked on the sole alleged ground of contemplation of initiation of disciplinary proceedings for her alleged unauthorized absence, but as on the said date, no disciplinary proceedings were initiated against the petitioner. Hence, the respondents ought to have considered her case for promotion, in terms of seniority and eligibility, and such inaction is wholly illegal, arbitrary, violative of statutory Rules, especially Rule 5(i)(b) of the Telangana State and Subordinate Service Rules, 1996.

6. It is further submitted that the petitioner was subsequently issued with a charge memo dated 29.04.2024, alleging a single charge that she had absconded from duties unauthorizedly from 11.11.2018 to 31.12.2021 and 13.01.2022 to 30.08.2022, without prior sanction from higher authorities. However, the petitioner submitted her detailed explanation on 05.07.2024, denying the charge, which has not been taken into consideration so far. It is submitted that respondent No.2 issued proceedings dated 16.10.2024, proposing to effect promotions to the post of Senior Nursing Officer, and the petitioner’s name was shown at Sl.No.4 in the annexure therein. However, the respondents are deferring her case for promotion on the mere ground of pendency of disciplinary proceedings, initiated subsequent to inclusion of her name in the proceedings dated 18.12.2023. Therefore, learned counsel prays this Court to pass necessary orders in the present writ petition.

7. While ordering Notice before Admission, this Court granted an interim order dated 29.10.2024, directing the respondents to consider the case of the petitioner for promotion to the post of Head Nurse/Senior Nu