THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.20224 of 2023

ORDER:

This Writ Petition is filed seeking the following relief:

“… declaring the action of the official Respondents No.1 and 2 in not promoting the petitioner to the post of Additional Superintendent of Police (AR) as per Seniority List dated 23.06.2022 as par with Respondents 3 to 8 herein as per G.O.Ms.No.12 dated 15-3-2023 by setting aside the memo No.3930/Ser.1/A2/2023, dated 27-6-2023 as illegal, arbitrary and violation of Articles 14, 19 and 21 of the Constitution of India in the interest of justice….”

2) Heard Sri R.G.K. Bhatia, learned counsel for the petitioner, learned Government Pleader for Services (Home) appearing for respondents 1 and 2, and Sri Ramu Nallamothu, learned counsel appearing for respondents 3 to 8.

3) Learned counsel for the petitioner has submitted that while the petitioner was working as Assistant Commissioner of Police, CAR, Nizamabad, disciplinary proceedings, under Rule 20 of ACCA Rules, 1991, were initiated against him and he was awarded the penalty of ‘PPI for one year with effect on future increments and pension’ and the suspension period from 29.05.2019 to 06.09.2019 was treated as ‘not on duty’ vide proceedings Rc.No.50/02/2019, dated 14.02.2022. Thereafter, the said punishment was modified by the Appellate Authority to that of ‘censure’ vide G.O.Rt.No.197, dated 28.01.2023 for the period from 14.02.2022 to 13.02.2023.

Therefore, after expiry of punishment period, petitioner made a representation to respondent No.2 requesting to consider his case for promotion, on par with his juniors, to the post of Additional Superintendent, as per seniority list dated 23.06.2022 wherein he was placed at Sl.No.6. However, in the Departmental Promotion Committee (DPC) meeting, which was held on 08.03.2023, the case of the petitioner was ignored even though the period of censure punishment was completed and his juniors i.e. respondents 3 to 8 herein were considered for promotion, which is illegal and arbitrary. Learned counsel has further submitted that aggrieved by the non-consideration of his representation dated 28.01.2023, petitioner filed W.P.No.8842 of 2023 and the same was disposed of by this Court vide order dated 31.03.2023 with a direction to the respondents to dispose of the representation of the petitioner dated 28.01.2023 within a period of eight weeks. In consequence thereof, respondent No.1 has passed the impugned order vide Memo No.3930/Ser.1/A/2023, dated 27.06.2023, even without referring to his representation dated 28.01.2023 or the orders of this Hon’ble Court dated 31.03.2023 passed in W.P.No.8842 of 2023 and also in contravention to G.O.Ms.No.342, dated 04.08.1997. Learned counsel has further contended that as the punishment of censure is a minor penalty, petitioner shall be considered for promotion and the respondents ought to have considered the petitioner for promotion as per seniority and fitness and ‘censure’ is not a bar for promotion, in case of the petitioner. Therefore, the learned counsel prayed this Court to pass necessary orders by setting aside the impugned proceedings dated 27.06.2023.

4) Per contra, the learned Government Pleader has submitted that initially the petitioner was appointed as RSI on 15.10.1992, thereafter promoted as Reserve Inspector, AR, on 18.12.2006, and further promoted as Dy. Supdt of Police, AR, on 11.07.2017. While the petitioner was working as ACP (CAR), Nizamabad, he was awarded the penalty of ‘PPI for one year with effect on future increments and pension’ vide proceedings Rc.No.50/01/2019, dated 14.02.2022, issued by the DGP, Telangana, Hyderabad. However, in appeal, the said punishment was modified by respondent No.1 to that of ‘censure’ besides treating the period of suspension as ‘not on duty’, vide G.O.Rt.No.197, Home (Ser.I) Dept., dated 28.01.2023. Thereafter, the request of the petitioner to consider his case for promotion as Addl.SP (AR) was forwarded by respondent No.2 to