IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.33805 OF 2024 CONTEMPT CASE No.966 OF 2025 Dated 23^rd January , 2026 Between:

R.Srinivas … Petitioner AND The State of Telangana, represented by its Principal Secretary, Home (Service-I) Department, Secretariat Buildings, Hyderabad, Telangana State & (2) others … Respondents

COMMON ORDER:

Since the grievance of the petitioner in both these matters is inter se related with each other, they are taken up together and being disposed of by this common order.

2) Heard Ms. A. Satya Sri, learned counsel for the petitioner, and learned Government Pleader for Services (Home) appearing for the respondents.

3) Learned counsel for the petitioner has submitted that initially the petitioner was appointed as Sub-Inspector of Police (Civil), Hyderabad Range, in the year 1998 and later he was promoted as Inspector of Police (Civil) on 01.09.2012 and included in the seniority list of Inspectors of Police vide G.O.Ms.No.153 dated 05.10.2018 along with his batch mates. While so, the petitioner was placed under suspension on 27.12.2023 while he was working at RGIA Police Station alleging that he exhibited gross misconduct and dereliction towards his legitimate duties by colluding with the complainant in crime No.367/2023 of RGI Airport PS. At this juncture, the petitioner has filed W.P. No.1770 of 2024 seeking notional seniority w.e.f.01.09.2010 along with his batchmates in the seniority list vide G.O.Ms.No.153 dated 05.10.2018 and further sought for promotion to the post of Deputy Superintendent of Police along with his batchmates wherein this Court has granted interim order on 24.01.2024 directing the respondents to consider the representation of the petitioner. Further, in connection with allegations made in the suspension order, a charge memo vide PR.No.B2/2/Major/Cyb/024, dated 14.02.2024, was also issued to the petitioner and the enquiry is still pending. Further, the petitioner has filed W.P. No.2907 of 2024 challenging the suspension order dated 27.12.2023 and pursuant to the interim order passed by this Court on 08.02.2024, the petitioner was reinstated into service on 07.03.2024 and surrendered to MZ-II and lien shifted to CCS Mahabubnagar. Further, the petitioner has filed one more writ petition viz., W.P. No.32557 of 2024 challenging the charge memo dated 14.02.2024 and the same is still pending. Learned counsel has further submitted that respondent No.2 has issued the impugned proceedings dated 22.11.2024 rejecting the claim of the petitioner for promotion to the post of Deputy Superintendent of Police (Civil) on par with his juniors, who were promoted on 22.06.2023, arbitrarily, and the petitioner is entitled to be promoted as Deputy Superintendent of Police (Civil), which fell due on 22.06.2023, by which date, there were no complaints or charge memo against the petitioner. Therefore, the rejection of claim of the petitioner is in violation of the law laid down in by the Hon’ble Supreme Court in Bank of India v. Degala Suryanarayana, AIR 1999 SC 2407. However, the respondents have passed the

impugned order referring to irrelevant proceedings. The only relevancy that should be taken into consideration for according promotion to the petitioner is whether as on 22.06.2023 any charge/criminal case is pending. Further, any charge memo issued subsequently is not relevant for withholding the promotion to the petitioner. Therefore, the petitioner is entitled for his legitimate promotion as Deputy Superintendent of Police (Civil) on par with his juniors. Respondent No.2, without considering the factual aspects, has passed the impugned order dated 22.11.2024. When the petitioner fell due for promotion on 22.06.2023 there were no charge against the petitioner whereas the charge memo was issued by respondent No.3 on 14.02.2024 i.e., subsequent to the date on which the promotion of the petitioner was fell due. It is further contended that n