HON’BLE MRS JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.12650 of 2023

ORDER:

Heard Sri Nayakawadi Ramesh, learned counsel

appearing on behalf of the petitioner, learned Assistant Government Pleader for Service-I I and learned Assistant Government Pleader for Service-I I I , appearing on behalf

of respondents.

2. The petitioner filed the writ petition seeking the

following relief

“… to issue a writ, order or direction more particularly one in the nature of Writ of MANDAMUS to declare the Memo.Rc.No.1831B1V/B6/2020 dated 08.12.2020 and its consequential orders in Memo.No.1751/AH-1(2)/2020 dated 30.07.2021 issued by the 1^st and 2^nd respondents wherein rejecting the claim of the petitioner for promotion to the post of Office Superintendent despite having existing vacancies on the ground that criminal cases are pending against him as being illegal, arbitrary, unjust and in violative of Article 14 of Constitution of India and also in violation of principles of natural justice and set aside the same with a consequential direction to respondents to consider the claim of the petitioner for regularization suspension period from 12.06.2006 to 11.03.2014 as on duty in terms of the orders passed by the Tribunal where in setting aside the orders of

suspension in OA No. 3652 of 2007, dated 07.04.2010 and to consider the claim of the petitioner for promotion to the post of Office Superintendent on par with others without reference to pendency of criminal cases in C.C.No.34 of 2015 (C.C.No. 38 of 2009) and C.C.No.53 of 2015 (C.C.No. 59 of 2007) before the Honble Special Judge for SPE and ACB cases, Karimnagar with all consequential benefits in the interest of justice and pass...

3. The case of the petitioner, in brief, is that the petitioner was working as Senior Assistant and was placed under suspension vide order dated 21.06.2006 alleging that the petitioner was involved in tampering of judgments and decrees of Hon’ble Court of A.P relating to compensation of submerged lands of Lower Maneru Dam, Karimnagar District and a case in Cr.No.3 of 2006 for the offences under Sections 120-B, 419, 420, 466, 468, 471, 477 (A), 201, 109 IPC and Section 13 (1)(d) of Prevention of Corruption Act, 1988 was registered and it was numbered as CC 59 of 2007 before the Principal Special Judge for SPE and ACB cases, Hyderabad. Aggrieved by the same, the petitioner approached APAT by filing OA No.3652 of 2007 to quash the suspension orders dated 21.06.2006 and consequential orders dated 21.12.2009 and the Tribunal allowed the OA on 07.04.2010 setting aside the said orders and directed the respondents to reinstate the petitioner into service. But the respondents herein approached this Court by filing W.P. No.17069 of 2010 to quash the said order dated 07.04.2010 and subsequently the same was dismissed by Division Bench of this Court vide order dated 07.09.2022. In the meanwhile the respondents reinstated the petitioner into service.

3 (i). It is the further the case of the petitioner that the respondent authorities kept the petitioner under suspension w.e.f. 12.06.2006 to 11.03.2014 i.e. for a period of (7) years and (9) months. In the meantime, the juniors of petitioner were promoted to the post of Office Superintendent in the year 2006 itself. The petitioner submitted a representation to the authorities but the 2^nd respondent rejected the claim of the petitioner for promotion to the post of Office Superintendent vide memo dated 08.12.2020. The petitioner again submitted a representation to the 1^st respondent for promotion without reference to pendency of criminal cases but the 1^st respondent rejected the claim of the petitioner vide order dated 30.07.2021. Thereafter the petitioner submitted another representation dated 23.12.2022 to the 1^st respondent to consider his claim to regularize the suspension period from 12.06.2006 to 11.03.2014 but the respondents did not consider the same. Aggrieved by the Memo dated 08.12.2020 and consequential orders dated 30.07.2021 iss