THE HON’BLE SRI JUSTI CE NAMAVARAPU RAJESHWAR RAO WRI T PETI TI ON No.13732 OF 2025

ORDER:

With the consent of both the parties, this Writ Petition is disposed of at the admission stage itself.

2. Heard Sri K.V. Janardhan Rao, learned counsel for the petitioner, and learned Government Pleader for Services-III, appearing for respondent Nos.1 and 2. Perused the material on record.

3. The case of the petitioner, in brief, is that while serving as Assistant Treasury Officer at Suryapet, he received a letter from the Manager of State Bank of India, Suryapet, dated 19.11.2014, highlighting discrepancies in the surrender leave bills of the MEO, Chivemla. Though the work was not entrusted to him, the petitioner conducted an enquiry, and by letter dated 27.11.2014 requested the bank to freeze the accounts of D. Kishore, Junior Assistant, and others. Consequently, a sum of Rs.54,00,000/- was recovered and credited to the Government account on 21.12.2014. Despite his role as a whistleblower, the petitioner was arrayed as an accused in FIR No.38 of 2015 and the Police filed charge sheet and the same was numbered as C.C.No.3850 of 2018, based on his tenure from 2012 to 2015, even though the relevant bill processing work was assigned to the Sub-Treasury Officer as per Memo dated 30.08.2011, and implemented prior to his joining on 04.06.2012.

A charge memo was issued to him on 31.01.2018, to which he submitted a detailed explanation on 14.03.2018. While so, the petitioner filed W.P.No.7623 of 2019 seeking promotion to the post of Assistant Director of Treasuries and Accounts/Accounts Officer and the said writ petition was disposed of on 10.04.2019. Pursuant to the directions issued in W.P.No.7623 of 2019 to consider his promotion in terms of G.O.Ms.No.257 dated 10.06.1999, respondent No.2 rejected his claim by Memo dated 25.11.2019, citing the pendency of criminal proceedings. However, the proceedings in C.C.No.3850 of 2018 were quashed by this Court in Crl.P.No.14106 of 2018 on 31.07.2023. Despite submitting multiple representations dated 03.08.2021, 06.11.2021, 08.09.2023, and reminders on 05.06.2024 and 15.07.2024, enclosing the quash order and police verification, the respondents failed to act, thereby denying the petitioner’s promotion, notional seniority, and consequential benefits, while his juniors were promoted and are enjoying the higher time scale.

Aggrieved by the same, the petitioner has filed the present Writ Petition.

4. It is the specific case of the petitioner that despite the earlier direction in W.P.No.7623 of 2019, no contempt proceedings were initiated by him due to non-compliance by the respondents. Instead, the petitioner submitted a fresh representation on 08.09.2023 before the competent authorities, seeking the same relief, enclosing relevant documents relating to quash of the criminal case.

5. Learned Government Pleader for Services-III, appearing for the respondents, submits that the Writ Petition may be disposed of by directing the respondents to consider the representation dated

08.09.2023 in accordance with law, within a reasonable time.

6. Learned counsel for the petitioner does not dispute the said submission and has further informed this Court that the petitioner is going to retire on 31.05.2025.

7. Having considered the submissions made by both the learned counsel, without expressing any rival opinion on the merits of the case, the respondents are directed to consider the petitioner’s representation dated 08.09.2023, keeping in view the quashing the order passed by this Court in Crl.P.No.14106 of 2018, dated 31.07.2023, and pass appropriate orders in accordance with law, within a period of two (2) weeks from the date of receipt of a copy of this order.

8. With the above direction, the Writ Petition is disposed of.

There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed.

____________________________ NAMAVARAPU RAJESHWAR RAO, J Date: 01.05.2025