REGIONAL DIRECTOR Vs. P.S.NARAYANA

JUDGEMENT

(1.) Respondent-employee being aggrieved by the action of the petitioner-Department in refusing to consider his case for promotion on the ground that a charge memo had been issued against him had approached the Andhra Pradesh Administrative Tribunal (for short 'the tribunal') by filing OA No.753 of 2018. The tribunal after hearing the parties and considering the facts of the case, allowed the OA directing the petitioners 1 and 2 to consider the case of the respondent-employee for promotion as Office Superintendent subject to his seniority and eligibility during the next immediate promotion schedule to be taken up for that post. While doing so, the tribunal observed that the disciplinary proceedings had been pending for protracted period of time and the alleged loss to the exchequer had since been replenished. Questioning the aforesaid order, the present writ petition is filed by the petitioner Department.

(2.) Heard Sri Bhima Rao, learned Government Pleader for Services-III appearing for petitioners and Sri Poodattu Amarender, learned counsel for the respondent-employee.

(3.) Learned Government Pleader for Services-III submits since disciplinary proceedings is pending against the respondent-employee, the tribunal was not justified in directing the department to consider the case of the petitioner for promotion.