Promotion decisions must consider the outcome of disciplinary proceedings to avoid arbitrary results.

ORDER:

Heard Sri G.Ravi Mohan, 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 issue an order or orders more particularly one in the nature of writ of mandamus declaring the action of the 2^nd Respondent in not promoting the Petitioner to the post of Accounts Officer without reference to the pendency of the disciplinary proceedings against the Petitioner as the same is illegal, arbitrary, and unjust and contrary to the law laid down in W.P.No.3221/2020, dated 14/02/2020 and consequently direct the Respondents to promote the Petitioner to the Post of Accounts Officer without the reference to the disciplinary proceedings; and to pass…”

3. It is specific case of the petitioner that the 2^nd Respondent is not promoting the Petitioner to the post of Accounts Officer without reference to the pendency of the disciplinary proceedings against the Petitioner and the same is illegal, arbitrary, and unjust and contrary to the law laid down in W.P.No.3221/2020, dated 14.02.2020. Aggrieved by the same, the petitioner filed this present Writ petition.

4. Learned senior designated counsel appearing on behalf of the petitioner brings on record the proceedings File No.PCCF-DA2/ DA04/ 40/ 2022-VI GI LANCE SECTI ON, dated 11.06.2024 of the Prl.Chief Conservator of Forests & (Head of Forest Force), Aranya Bhavan, Telangana, Hyderabad and submits that in view of the fact that proceedings, dated 11.06.2024 had been issued in favour of the petitioner indicating that the disciplinary proceedings initiated vide Rc.No.6276/ 2020/ D&A.2, dated 10.08.2020 against the petitioner had been dropped and further, the period of suspension is treated as leave and therefore, the w rit petition may be allow ed as prayed for and the respondents may be directed to consider the request of the petitioner for promotion to the post of Accounts Officer forthw ith.

5. Learned Assistant Government Pleader for Services-I I appearing on behalf of the respondents upon instructions does not dispute the said submission made by the learned senior designated counsel appearing on behalf of the petitioner and submits that in view of the fact that vide proceedings, dated 11.06.2024 of the Prl.Chief Conservator of Forests & (Head of Forest Force), Aranya Bhavan, Telangana, Hyderabad, the disciplinary proceedings, dated 10.08.2020 initiated against the petitioner had been dropped, the respondents may be directed to consider the request of the petitioner for promotion to the post of Accounts Officer in accordance to law , w ithin a reasonable period. 6. Taking into consideration:-

a) The aforesaid facts and circumstances of the case.

b) The submissions made by the learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services-I appearing on behalf of the respondents.

c) The proceedings, File No.PCCF-DA2/ DA04/ 40/ 2022- VI GI LANCE SECTI ON, dated 11.06.2024 of the Prl.Chief Conservator of Forests & (Head of Forest Force), Aranya Bhavan, Telangana, Hyderabad The Writ Petition is allow ed, the respondents are directed to consider the request of the petitioner for promotion to the post of Accounts Officer in accordance to law , and pass appropriate orders, w ithin a period of four (04) w eeks from the date of receipt of copy of the order and duly communicate the decision to the petitioner.

How ever, there shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.