UDARAGONDI RAMA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus declaring the action of the Respondents, more particularly, the Respondent No.5 in issuing the Articles of Charges in C.No. 21/PR/2014 dated 18.03.2020 after a long delay of 5 years 9 months from the alleged date of incident of misconduct to deny the benefit of promotion to the petitioner for the post of Inspector of Police (Civil) and to negate the order dated 29.08.2019 passed by this Court in W.P No.12495 of 2019 in favour of the petitioner as illegal, arbitrary, discriminatory and in violation of Articles 14, 16 and 21 of the Constitution of India and contrary to G.O.Ms.No.257 General Administration (SER.C) Department dated 10.06.1999 and G.O.Ms.No.529 General Administration (SER.C) Department dated 19.08.2008 and consequently to set aside/quash the Articles of Charges issued in C.No.21/PR/2014 dated 18.03.2020 against the Petitioner for huge and inordinate delay and latches.

(2.) The petitioner was initially appointed as Reserve SubInspector. Thereafter, his services were converted into that of SubInspector (Civil) on 03.03.2009. The Petitioner, while he was working as Sub-Inspector of Police, Bhavanipuram Police Station, Vijayawada, was falsely implicated into an ACB case and an FIR was registered against him in Crime No.12/RCT-ACB-VJA-2014 of ACB, Vijayawada Range dated 19.06.2014, for the offences punishable under Section 7 of Prevention of Corruption Act, 1988. ~ In view of the criminal proceedings, the petitioner was suspended from service vide Suspension Proceedings dated 20.06.2014. Thereafter, the petitioner was reinstated into service vide proceedings dated 20.06.2016. Moreover, the first respondent issued G.O.Rt.No.381 Home (SC.A) Department dated 10.05.2017 dropping the criminal proceedings against the petitioner and directed to conduct a departmental enquiry as there were certain discrepancies in the investigation. The criminal proceedings in Crime No.12/RCT-ACB-VJA-2014 of ACB, Vijayawada Range dated 19.06.2014 on the file of the Special Judge for SPE & ACB Cases at Vijayawada in R.C.S.No.6 of 2018 dated 21.08.2018 were closed against this petitioner though R.C.S No.6 of 2018 dated 21.08.2018. Thus, as on date, no criminal proceedings are pending against this petitioner.

(3.) It is contended that a seniority list was prepared by the third respondent and the final seniority list was also approved. The petitioner herein was placed at "Serial No.23" in the Final seniority list of 'Eluru' Range. However, the persons who stand much below in the seniority list to the petitioner were promoted vide proceedings dated 06.05.2016 and 30.08.2016. Aggrieved by the non-consideration of his case for promotion, the petitioner herein approached the Andhra Pradesh Administrative Tribunal, Hyderabad, filed O.A.No.798 of 2018. The Andhra Pradesh Administrative Tribunal was pleased to dismiss O.A.No.798 of 2018 filed by the petitioner vide order dated 24.04.2018. Aggrieved by the order of the Andhra Pradesh Administrative Tribunal dated 24.04.2018, W.P.No.16256 of 2018 was preferred before this Court and this Court vide order dated 27.06.2018 was pleased to dispose of the writ petition directing the respondents to consider the case of the petitioner for promotion in terms of G.O.Ms.No.257 dated 10.06.1999.