Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the petitioner for promotion to the post of Deputy Collector on the ground of pendency of departmental disciplinary proceedings vide CCLA's. Procg. No. REV02-28021/19/2025 (1) (e.2854807) dt.18-12-2025 though the allegations are trivial in nature as illegal, arbitrary and violation of Article 14, 16 and 21 of the Constitution of India and contrary to G.O.Ms No.257, General Administration SER.C Department dated 10-06-1999 and to consequently direct the respondents to promote the petitioner to the post of Deputy Collector without reference to the charge Memo dated 18-12-2025 and to pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents consider the petitioner for the promotion to the post of Deputy Collector without reference to the pendency of disciplinary proceedings in CCLA's. Procg. No. REV02-28021/19/2025 (1) (e.2854807) dt.18-12-2025 pending disposal of the writ petition and to pas

Counsel for the Petitioner:

1. V V SATISH

Counsel for the Respondent(S):

1. GP FOR SERVICES I

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the action of the respondents in not considering the petitioner for promotion to the post of Deputy Collector on the ground of pendency of departmental disciplinary proceedings vide CCLA's. Procg.No.REV02-28021/19/2025 (1) (e.2854807) dt.18-12-2025 though the allegations are trivial in nature as illegal, arbitrary and violation of Article 14, 16 and 21 of the Constitution of India and contrary to G.O.Ms No.257, General Administration SER.C Department dated 10-06-1999 and to consequently direct the respondents to promote the petitioner to the post of Deputy Collector without reference to the charge Memo dated 18-12-2025.

2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

2. The case of the petitioner is that the respondents have not considered his case for promotion to the post of Deputy Collector as per his seniority, on the ground of pendency of Articles of Charges vide CCLA’sProcg.No.REV02-28021/19/2025 (1) (e.2854807) dated 18.12.2025. Even after lapse of three years, the same was not concluded till date and in spite of the instructions issued by the Government as well as the judgment of the Hon’ble Division Bench of this Court in W.A. No. 550 of 2022, and while relying upon G.O.Ms.No. 257, GAD, despite the existence of clear vacancies, is highly illegal and arbitrary.

3. The learned counsel for the petitioner submits that, in view of the pendency of the ongoing departmental proceedings, which ought to have been completed within three months in simple cases and within six months in complicated cases, as per the time-frame prescribed in G.O. Ms. No. 679, General Administration (Services-C) Department, dated 01.11.2008, and G.O. Ms. No. 91, General Administration (Services-C) Department, dated 12.09.2022, the inordinate delay in concluding the proceedings has resulted in the petitioner being deprived of his rightful consideration for promotion.

4. Learned Assistant Government Pleader appearing for respondents that the ongoing inquiry will be completed within reasonable time, in terms of timelines prescribed by the Government in G.O.Ms.No.679, General Administration (Services-C) Department dated 01.11.2008, and in G.O.Ms.No.91, General Administration (Service-C) Department, dated 12.09.2022.

5. In view of the above observations, the respondents are directed to consider the case of the petitioner for promotion to the post of Deputy Collector without reference to the