MOHD LIYAQATH ALI Vs. REGISTRAR

JUDGEMENT

(1.) Aggrieved by the decision of the Principal District Judge, Warangal (second respondent herein) reverting the petitioner from the post of Administrative Officer to the post of Superintendent, this writ petition is instituted. The facts giving rise to institution of this writ petition are as under.

(2.) The disciplinary action initiated vide charge memo dated 26.06.2006, against the third respondent herein resulted in punishment of withholding of promotion for four years vide proceedings dated 30.01.2009. Aggrieved by the same, the third respondent preferred appeal to High Court on administrative side. During the pendency of the said appeal, a vacancy arose in the cadre of Administrative Officer on account of retirement of an incumbent with effect from 31.12.2011.

(3.) Having proposed to fill up the said vacancy by promotion from the cadre of superintendents, the second respondent identified four persons for consideration for promotion, including the writ petitioner and the third respondent. Interviews were conducted on 22.12.2011 and the performance of all the four persons was found to be satisfactory. However, the candidature of the third respondent, though he was senior to the petitioner, was ignored on the ground that he suffered the penalty of withholding of promotion for a period of four years by proceedings dated 30.01.2009. Accordingly, the second respondent selected the petitioner as suitable for promotion to the post of Administrative Officer, and the consequential order was passed on 28.12.2011 promoting the petitioner as Administrative Officer. By proceedings dated 08.02.2012 issued by the High Court on the administrative side, the petitioner was posted as the Administrative Officer, Family Court-cum-VI Additional District and Sessions Court, Khammam and he joined the promoted post on 17.02.2012.