THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION (TR) No.1753 of 2017

ORDER:

The present Writ Petition is filed for the following relief:

“…to declare that G.O.Ms.No.342, Genl. Admn (Ser-C) Department, dt: 4-8-1997 in so far as dealing with not considering the cases of the persons for promotion to the next category who were imposed with punishment of Reduction of Time Scale / with holding of increments as illegal and arbitrary hence liable to be set aside and further declare that applicant entitled to be considered for promotion to the post of Inspector of Police basing on her seniority and eligibility and without reference to G.O.Ms.No.342,dt.4.8.1997 and pass ...”

2. Heard Sri M. Srinivas Rao, learned counsel for the petitioner and learned Government Pleader for Home for respondent Nos.1 to 3.

3. Learned counsel for the petitioner submits that the petitioner worked as WSI of Women Police Station, Warangal, during 2010. While the petitioner was working, certain allegations were made against her and a charge memo, dated 28.09.2005 was issued to her stating that she exhibited gross dereliction of duty and indulged in corrupt practices. And the petitioner submitted her explanation stating that the charges framed against her are motivated and there is no truth in any of the allegations made against her. However, without considering the explanation of the petitioner, Sub Divisional Police Officer, Narsampet, was appointed as Enquiry Officer by proceedings dated 09.12.2005.

3(i) Learned counsel for the petitioner further submits that the petitioner was not given a fair opportunity in the enquiry. However, the Enquiry Officer submitted report, dated 30.03.2007 holding charge Nos. 2, 3 & 5 are held proved. In pursuance of the report of the Enquiry Officer, a Show-cause notice, dated 20.05.2007 was issued to the petitioner calling for her explanation for imposing punishment against the applicant. The petitioner submitted a representation requesting to drop all further proceedings including proposed punishment against her. Without considering the same, the 2^nd respondent issued orders in C.No.36/PR/2010, RO No.453/2010, dated 14.08.2010 awarding the punishment of dismissal from service against her. The said orders are communicated to the petitioner by the 3^rd respondent by proceedings, dated 16.08.2010.

3(ii) Learned counsel for the petitioner further submits that the petitioner filed an appeal to the respondents requesting to set aside the punishment imposed against her. The 1^st respondent considered the representation of the petitioner and issued G.O.Rt.No.602, dated 26.04.2011 modifying the punishment of dismissal from service imposed against the petitioner to that of "RTSP by (3) stages for (3) years with effect on future increments and pension". The said orders were communicated to the petitioner by proceedings, dated 01.06.2011 of the 3rd respondent. The petitioner was allotted to Khammam district by proceedings, dated 02.06.2011 of the Inspector General of Police. The petitioner made representation to the respondents requesting to transfer her to Warangal district. Accordingly, she was transferred to Warangal district on 26.06.2012 and presently the petitioner is working as Traffic Sub Inspector in Warangal district.

3(iii) Learned counsel for the petitioner further submits that the petitioner is one of the senior most Sub Inspector, eligible and entitled to be promoted to the post of Inspector of Police, but she was not considered for promotion. Accordingly, prayed to allow the Writ Petition.

4. On the other hand, learned counsel for respondents submitted that the Office of the DIG of Police, Warangal, addressed a letter, dated 25.06.2018 to the Commissioner of Police, Warangal, as follows:

“Dr. D.Vijaya Laxmi, WSI of Police(Civil), Warangal Range who was included in the promotion panel of SIs fit to act as Inspectors vide referènce 1 to 4ª cited, is promoted as Inspector of Police (Civil) in terms of Rule 10(a) of TSS&SS