HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.19893 OF 2023

ORDER:

Heard Sri A.M.Qureshi, learned senior designated representing Sri Habeeb Abubakar Alhamed, learned counsel appearing on behalf of the petitioner on record and learned Assistant Government Pleader for Services (Home) appearing on behalf of the respondents.

2. The petitioner approached the Court seeking prayer as under:

“…to issue a writ, order or direction more in the nature of Writ of Mandamus declaring that the action on the part of the Respondents in not promoting the petitioner to the post of Assistant Commandant of Police and also not considering the acquittal of the petitioner by the judgment dated 20/06/2022 in C.C.No.39 of 2019 on the file of Junior Civil Judge cum Judicial Magistrate of First Class, Luxettipet as arbitrary, illegal and in violation of law and be pleased to pass…”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

The petitioner was recruited as Sub Inspector of Police in AP Special Police Battalion in the year 1998, subsequently promoted as Reserve Inspector (APSP) in the year 2009.

It is further the case of the petitioner that a criminal complaint vide C.C.No. 39 of 2019 on the file of junior civil judge cum judicial magistrate of first class, Luxettipet has been registered against the petitioner based on the complaint given by one named A. Krishna, ARSI. Consequently disciplinary proceedings had been initiated vide Proceedings Rc.No.R1/166/25/PR-7/2018, dated 02.01.2019 against the petitioner with same set of charges as were filed in vide C.C.No. 39 of 2019on the file of junior civil judge cum judicial magistrate of first class, Luxettipet.

Thereafter, the petitioner requested the disciplinary authority to stay the disciplinary proceedings on the ground that the charges are same in both the disciplinary proceedings and C.C.No. 39 of 2019on the file of junior civil judge cum judicial magistrate of first class, Luxettipet, however, the disciplinary authorities rejected the same. Aggrieved by the same the petitioner preferred W.P.No. 8414 of 2019 and this court was pleased to stay the disciplinary proceedings against the petitioner till the C.C.No. 39 of 2019on the file of junior civil judge cum judicial magistrate of first class, Luxettipet gets concluded.

It is further case of the petitioner that the petitioner got acquitted in the C.C.No. 39 of 2019 on the file of junior civil judge cum judicial magistrate of first class, Luxettipet vide order dated 20.06.2022. Despite being the senior most in the list of seniority, the respondent authorities are not granting promotion to the petitioner to the cadre of Assistant Commandant of Police only on the ground that the disciplinary proceedings are pending against the petitioner. Aggrieved by the same the petitioner preferred the present writ petition.

4. PERUSED THE RECORD.

A. This court in its order, dated 22.04.2019 passed interim orders in favour of the petitioner in I .A.No.01 of

2019 in W.P.No.8414 of 2019 observing as under:-

“There shall be stay of departmental proceedings, as on the same set of allegations, criminal proceedings are pending”.

5. The limited relief as sought for by the petitioner in the present writ petition is a direction to the respondents to consider the case of the petitioner for promotion to the post of Assistant Commandant of Police, taking into consideration the acquittal of the petitioner by the trial Court through its judgment, dated 20.06.2022 in C.C.No.39 of 2019, on the file of Junior Civil Judge-cum-

Judicial Magistrate of First Class, Luxettipet.

DI SCUSSI ON AND CONCLUSI ON:-

6. The learned Assistant Government Pleader for Services(Home) appearing on behalf of the respondents submits that the case of the petitioner for promotion cannot be considered at this stage in view of the fact that the disciplinary proceedings initiated against the petitioner ha