ORDER:

This Writ Petition is filed under Article 226 of Constitution of India with the following prayer:

“may be pleased to issue a Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS to direct the respondents to immediately promote the petitioner as Joint Director since the respondent authorities have included the petitioner in the panel according to impugned G.O.Ms.113 Health Medical and Family Welfare B2 Department dated 22 08 2025 and deferred the claim of the petitioner only because of pendency of disciplinary proceedings which is per se contemptuous and further declare the action of the respondent authorities as illegal arbitrary and contrary to law and violative of Articles 14 16 and 21 of the Constitution of India in the interest of justice and pass orders”.

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondent Nos.1 and 2.

3. As seen from the affidavit, the petitioner appears to have been trapped by the ACB on 05.02.2011, while working in the O/o RDMBHS, Hyderabad on the allegation of demanding and accepting a bribe of Rs.40,000/-. He was placed under suspension vide G.O.Rt.No.366, HM&FW (VC.1) Dept., dated 18.02.2011 and was reinstated into service on 30.11.2013 and thereafter, a case was registered by the Anti-Corruption Bureau in Crime No.3/ACB-CIU- HYD/2011 under Section 7 and 13(1)(d) of Prevention of Corruption Act, 1988 read with Section 34 IPC. Thereupon, the charge sheet is filed on 10.07.2014 on the file of the Principal Special Judge for SPE & ACB Cases, Hyderabad.

4. Simultaneously, the Departmental Proceedings were initiated against the petitioner vide G.O.Rt.No.623, HM&FW (VC.1) Dept., dated 24.05.2014 for non-submission of APRs and non-intimation prior to purchase of property. Thereafter, after the State bifurcation, his service was allocated to the State of Andhra Pradesh. The Government decided to proceed with the inquiry and appointed Inquiry Officer vide G.O.Rt.No.630, HM&FW(VC.1) Dept., dated 22.09.2025 to conduct inquiry against the petitioner, who was the formerly Deputy Director (Admn.,) O/o RDM&HS, Zone-VI, Hyderabad.

5. The arguments advanced by the petitioner is that, this is the third round of litigation knocking the doors of this Court for consideration of his case for promotion. Initially W.P.No.18959 of 2024 was filed wherein, this Court after examining the contour of facts disposed of the writ petition. The operative portion of the said order reads as follows:

“6. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing the respondent authorities to consider the case of the petitioner for promotion in terms of G.O.Ms.No.257 General Administration (SER.C) Department, dated 10.06.1999, if the petitioner is in the zone of consideration and fulfills all requisite qualifications. The respondent authorities shall also conclude the inquiry within six months in accordance with Rules”.

6. When the case was not considered, despite the orders of this Court, he again filed W.P.No.17117 of 2025 and this Court on 10.07.2025 disposed of the writ petition, reiterating the same order passed in the earlier writ petition by slightly modifying the period by which time, the Departmental proceedings should be completed i.e., six (6) months to three (3) months. But the direction, directing the respondents to consider the case for promotion is not altered or dispensed with.

7. On the other hand, the learned Assistant Government Pleader has drawn the attention of this Court to the counter affidavit by reading the G.O.Ms.No.257 wherein the instructions were drafted by the State regarding promotions and transfer to the higher category of employees who are facing disciplinary cases. There is no dispute regarding the said G.O., since this Court has already passed orders in the earlier two writ