THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.20268 OF 2023 AND CONTEMPT CASE NO.1066 OF 2024

COMMON ORDER

W.P.No.20268 of 2023 In this Writ Petition, the petitioner is seeking a Writ of Mandamus declaring the action of the respondents in issuing the impugned Charge Memo Vide C.No.1203/A4/2023-1/No.03/PR/2023 dt.07.07.2023 as illegal, arbitrary, unwarranted and contrary to the interim directions of this Court in W.P.No.15259 of 2023 dt.26.06.2023 and consequently to set aside the same and to declare that the petitioner is entitled for promotion as Sub-Inspector (IT&C) as per his seniority and to pass such other order or orders.

2. Brief facts leading to the filing of the present Writ Petition are that the petitioner was initially appointed as a Police Constable (Communication) on 21.03.1991 and was subsequently promoted as Head Constable (Communication) in the year 2010 and further promoted as ASI (IT&C) on 10.01.2017. It is submitted that on

10.05.2023, he was issued a charge memo alleging that he was involved in a criminal case in Crime No.299 of 2022 of Women Police Station, Warangal under Sections 498A, 420, 506, 509 of IPC and Section 3 of Dowry Prohibition Act. Questioning the charge memo, the petitioner filed a Writ Petition in W.P.No.15259 of 2023 and this Court has suspended the charge memo vide orders dt.26.06.2023. Subsequent thereto, the respondents have withdrawn the charge memo dt.10.05.2023 and issued the impugned charge memo dt.07.07.2023 with the very same allegations that the petitioner is involved in Crime No.299 of 2022. It is stated that the 4^th respondent has prepared provisional integrated seniority list of ASIs (IT&C) and the petitioner’s name was placed at Serial No.1 therein. However, on the ground that the charge memo was pending against the petitioner, his case has not been considered for promotion. Therefore, challenging the charge memo dt.07.07.2023 and also seeking a direction to consider his case for promotion, this Writ Petition has been filed.

3. Initially, this Court had allowed I.A.No.1 of 2023 suspending the impugned charge memo and directing the respondents to consider his case for promotion as ASI (IT&C). Alleging that the respondents did not comply with the interim directions of this Court, the petitioner has filed Contempt Case in C.C.No.1066 of 2024 and the 3^rd respondent has filed a stay vacate petition in I.A.No.1 of 2024 in W.P.No.20268 of 2023. In view thereof, both the petitions were heard and are being disposed of by this common and consolidated order.

4. Learned counsel for the petitioner submitted that the criminal case was filed against the petitioner by his daughter-in-law with false allegations and on the ground that the said criminal case is pending against the petitioner, the respondents have issued the charge memo. It is submitted that in W.P.No.15259 of 2023, this Court had suspended the earlier charge memo dt.10.05.2023 and directed the respondents therein to consider the candidature of the petitioner for promotion to the post of Sub-Inspector of Police, if he is otherwise eligible, as and when promotions are taken up for the said post. The learned counsel for the petitioner has drawn the attention of this Court to the proceedings dt.26.06.2023, by virtue of which the earlier charge memo was withdrawn for administrative reasons. He has drawn the attention of this Court to the impugned charge memo dt.07.07.2023 containing the very same charges as contained in the earlier charge memo and it is sated that no detailed reasons are given for withdrawal of the earlier charge memo and issuance of the fresh charge memo. He further submitted that subsequent to the same, the petitioner has been acquitted from the criminal case and therefore, the disciplinary proceedings on the very same ground cannot be entertained/continued.

5. The 4^th respondent has filed a counter affidavit stating that the daughter-in-law of the petitioner has filed a criminal case against the peti