THE HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA Writ Petition No.3191 of 2016

ORDER:

(Per the Hon’ble Sri Justice Abhinand Kumar Shavili)

Aggrieved by the order dated 19.07.2013, passed in O.A.No.5532 of 2013 by the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, ‘the Tribunal’), the present Writ Petition is filed.

2. Heard Sri Rahul Reddy, learned Special Government Pleader appearing for the petitioners and Sri C. Srinivasa Baba, learned counsel appearing for respondent No.1.

3. Learned Special Government Pleader appearing for the petitioners had contended that respondent No.1 was working as Forest Range Officer and he was seeking promotion to the post of Assistant Conservator of Forests for the panel year 2005-2006. However, disciplinary proceedings were pending against respondent No.1 alleging that he was indulged in possession of assets disproportionate to the known sources of his income and the State Government was pleased to initiate prosecution and a criminal case was registered against respondent No.1 vide C.C.No.107 of 2010 on the file of the Special Judge for SPE & ACB cases, Hyderabad and the same was withdrawn by the petitioners vide G.O.Ms.No.139, dated 27.10.2008. However, the case of respondent No.1 was not considered, as the disciplinary proceedings were pending against him. Learned Special Government Pleader has further contended that respondent No.1 has approached the Tribunal by filing O.A.No.5532 of 2013 contending that his case should be considered for promotion to the post of Assistant Conservator of Forests and the Tribunal was pleased to allow the O.A. at the admission stage vide order, dated 19.07.2013 by directing the petitioners to consider the case of respondent No.1 for promotion to the post of Assistant Conservator of Forests by including his name for the panel year 2005-2006 of Forest Range Officers of Zone-VI, if there are no disciplinary proceedings pending against him and no punishment was subsisting against him on that date, within a period of four weeks, without appreciating any of the contentions raised by the petitioners.

4. Learned Special Government Pleader had further contended that the Tribunal could not have disposed of the O.A. at the stage of admission and no opportunity was given to the State Government to file a detailed counter. As the disciplinary proceedings are pending against respondent No.1, the question of considering his case for promotion to the post of Assistant Conservator of Forests would not arise. Therefore, appropriate orders be passed in the Writ Petition by setting aside the order, dated 19.07.2013 passed in O.A.No.5532 of 2013 and allow the Writ Petition.

5. On the other hand, learned counsel appearing for respondent No.1 had contended that the Tribunal has directed the petitioners to consider the case of respondent No.1 and pass appropriate orders. However, no positive mandamus was given by the Tribunal, hence, the petitioners can always consider his case and pass appropriate orders in accordance with law. Therefore, there are no merits in the Writ Petition and the same is liable to be dismissed.

6. This Court, having considered the submissions made by both the parties, is of the view that the Tribunal has not given positive mandamus to the petitioners to promote respondent No.1 and has merely directed the petitioners to consider his case for promotion to the post of Assistant Conservator of Forests for the panel year 2005-2006 of Forest Range Officers of Zone-VI, if there are no disciplinary proceedings pending against him and no punishment was subsisting against respondent No.1. Therefore, it is always open for the State Government to consider the case of respondent No.1 and pass appropriate orders. Therefore, this Court is not inclined to interfere with the orders passed by the Tribunal.

7. With the above observations, the Writ Petition is dismissed. No order as to costs.

8. As a sequel, miscellaneous appl