HON’BLE MRS JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.20602 of 2023

ORDER:

Heard Sri D. Sudharshan, learned counsel appearing

on behalf of petitioner, learned Assistant Government Pleader for Energy, appearing on behalf of respondent No.1 and Sri N. Sreedhar Reddy, learned Standing Counsel

for SPDCL, appearing on behalf of respondent Nos.2 to 5.

2. The petitioner approached this Court seeking the

prayer as under:

“…to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondents in overlooking and thereby denying petitioner’s claim for promotion to the post of Line Inspector on the ground of pendency of C.C. No.69 of 2015 on the file of the Court of I Additional Special Judge for SPE and ACB cases, Hyderabad as being arbitrary, unjust and in violation of Articles 14 and 16 of the Constitution of India and consequently declare that the petitioner is entitled to have his claim considered and be promoted as Line Inspector with benefits incidental and ancillary thereto without reference to the criminal proceedings pending in C. C. No 69 of 2015 on the file of the Court of I Additional Special Judge for SPE and ACB cases Hyderabad in relation to an alleged

incident took place in the year 2013 in the interest of justice and to pass...”.

3. The case of the petitioner, in brief, is that the petitioner had been appointed as Junior Lineman in 5^th respondent company on 09.02.2004 and was promoted as Assistant Lineman on 04.06.2009 and thereafter promoted as Lineman on 30.04.2011. Furthermore, the petitioner is entitled to get his next promotion as Line Inspector as per the proceedings dated 20.05.2010 issued by Respondent No.5 wherein the petitioner’s name was at serial No.6. Subsequently, a case vide Cr.No.19/TCT-HR/2013, dated 27.05.2013 was registered by ACB and the petitioner was arrested on false allegations that he demanded and accepted a bribe amount of Rs.20,000/- through the petitioner’s superior officer and thus, the petitioner was placed under suspension and was later reinstated into duty. However, the petitioner was denied promotion on the ground that criminal proceedings are pending against the petitioner and the same is contrary to the decisions of the Hon’ble Apex Court of India. The specific case of petitioner is that though the issue pertains to the year 2013 no charge memo had been issued to the petitioner as on date. Hence, aggrieved by the same, the petitioner herein preferred the present writ petition.

PERUSED THE RECORD

4. The learned Standing Counsel appearing on behalf of respondent Nos. 2 to 5 places reliance on the counter affidavit filed on behalf of respondent Nos.2 to 5 and in particular para Nos. 3, 4, 5 are extracted hereunder “3. It is submitted that the petitioner was caught Red Handed by ACB Officials on 27/05/2013 while in possession of bribe amount of Rs.15000/- which was handed over by Sri C.Sudhakar, Sub-Engineer I/C Addle Asst Engineer of operation section Bijnapllay which was demanded and received by them from the complainant Sri Md. Khaleel for discharging their official duties ie., to prepare the estimate and forward it to the Divisional Operation Nagarkurnool for supply of electrical single Phase line and 25 KVA transformer to the proposed poultry farm of complainant.

4. It is submitted that as per the Radio Message dated 28-05-2013 received from the Deputy Superintendent of Police ACB Hyderabad Range, the petitioner was placed under suspension along with Sri C. Sudhkar Sub Engineer AAE(I/C) of Bijnepally from the date of arrest i.e 27/05/2013 vide Memo.No. SE/OP/MBNR/PO/ADMU2/F. 264/DNO. 648/2013 Dated 7/06/ 2013 as he was trapped by the ACB officials.

5. It is submitted that as per the instructions issued by the CGM/HRD Vide Memo No.CGM/HRD/GM/IR, L&Adm/ AS/

DC/ PO/DC-II/65-C2/2013-7, Dated 23/04/2015, the Superintending Engineer/Operation/Mahabubnagar issued instructions to the Divisional Engineer/Operation, Nagarkurno