HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No. 25291 OF 2023

ORDER:

Heard Sri J.Sudheer, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Services–I I I appearing on behalf of the respondents.

2. The petitioner approached this Court by filing the present writ petition seeking prayer as under:

“…..to call for the records pertaining to five (5) charge memos i.e. (1) Charge Memo dated 04.02.2015, (2) Charge Memo dated 30.10.2015, (3) Charge Memo dated 02.05.2017 (4). Charge Memo dated 11.05.2020 and (5) Charge Memo dated 19.05.2020 and set them aside as baseless, belated, amounting to unfairness, arbitrary, unconstitutional and contrary to law laid down by the Hon’ble Courts the unexplainable delay in finalizing the disciplinary proceedings are unsustainable and also contrary to their own policy that the enquires have to be concluded within 3 months/6 months in simple case/complicated cases respectively and consequently, direct the respondents to promote the petitioner to the post of Special Grade Deputy Registrar of Cooperative Societies and Joint Registrar of Cooperative Societies with retrospective effect w.e.f. her immediate junior based on her eligibility and suitability with all consequential service benefits by holding the action of the respondents in not doing so is bad, illegal and unconstitutional by issuance of Writ, Order or. Direction, more particularly one in the nature of Writ of Mandamus and pass......”

3. The case of the petitioner, in brief, is that the petitioner was appointed as Deputy Registrar of Cooperative Societies in February, 2007 through direct recruitment. Between 2015 and 2020, she was issued five (5) charge memos dated 04.02.2015, 30.10.2015, 02.05.2017, 11.05.2020, and 19.05.2020. With regard to the first charge memo dated 04.02.2015, an enquiry report was submitted by the Enquiry Officer on 08.11.2016, and the petitioner also submitted explanation to the said report. However, the proceedings are still pending as on date. In respect of the second charge memo dated 30.10.2015, the Enquiry Officer submitted the enquiry report on 10.03.2017, and the petitioner submitted an explanation on 10.04.2018. Yet, the disciplinary proceedings remain pending as on date. With respect to the 3^rd charge memo dated 02.05.2017, the Enquiry Officer submitted the enquiry report as early as 16.03.2020, and the petitioner submitted an explanation on 22.02.2022. However, the disciplinary proceedings in respect of the said charge memo are still pending. As for the remaining two charge memos dated 11.05.2020 and 19.05.2020, there has been no progress in the enquiry proceedings till as on date. Due to the pendency of these proceedings, the petitioner was denied promotion to the post of Special Grade Deputy Registrar in 2021 and later to Joint Registrar, while the petitioner’s juniors were promoted. Aggrieved by the same, the petitioner has filed the present writ petition.

4. Learned counsel appearing on behalf of the petitioner submits that due to the pendency of disciplinary proceedings in respect of the various charge memos issued to the petitioner, the petitioner’s case for promotion was not considered and the respondents effected promotions to the post of Special Grade Deputy Registrar of Cooperative Societies and made temporary/ad hoc promotions within the Cooperative Department. Similarly, when further ad hoc promotions to the post of Joint Registrar of Cooperative Societies were made, the petitioner’s case was again overlooked, this was despite the fact that the petitioner was eligible for promotion. The non-consideration was solely due to the pendency of the five charge memos, where disciplinary proceedings remain unconcluded in three cases and, in the case of two of the said charge memos, there had been no progress in the enquiry proceedings till as on date.

5. Learned counsel appearing on behalf of the petitioner submits that the petitioner cannot be dep