CH. MAHESHWAER Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard Mr. P.Ravi Shanker, learned counsel for the appellant. Also heard Mr. B.Krishna, learned Government Pleader for Services (Home), for respondents No.1 and 2 and Mr.N.Ramu, learned counsel for respondents No.3 to 8.

(2.) The learned writ court dismissed the writ petition, W.P.No.20224 of 2023, vide order dtd. 28/3/2025, wherein the writ petitioner had sought a declaration that the action of official respondents No.1 and 2 in not promoting him to the post of Additional Superintendent of Police (Armed Reserve) as per Seniority List dtd. 23/6/2022 on par with respondents No.3 to 8 herein as per G.O.Ms.No.12 Home (Services-I) Department dtd. 15/3/2023, was illegal, arbitrary and in violation of Articles 14, 19 and 21 of the Constitution of India. He had also sought a declaration to set aside Memo No.3930/Ser.1/2023 dtd. 27/6/2023, as illegal and arbitrary. Being aggrieved, the writ petitioner has preferred this appeal.

(3.) The writ petitioner was serving as a Deputy Superintendent of Police (Armed Reserve) with effect from 11/7/2017. While working as Assistant Commissioner of Police (CAR), Nizamabad, he was placed under suspension, vide proceedings dtd. 28/5/2019 during the period from 29/5/2019 to 6/9/2019. Disciplinary proceedings dtd. 14/2/2022 were initiated against him and he was imposed a penalty of postponement of annual increment (PPI) for one year with effect on future increments and pension. Suspension period was treated as 'not on duty'. The appellate authority vide order dtd. 28/1/2023 modified the penalty to 'censure', while maintaining the suspension period as 'not on duty'. The writ petitioner made a representation on 1/2/2023 for consideration of his case for promotion to the post of Additional Superintendent of Police (Armed Reserve) as per Seniority List dtd. 23/6/2022. The Departmental Promotion Committee (DPC) for the panel year 2022-2023 did not recommend his case for promotion due to currency of the punishment of 'censure'. According to the writ petitioner, his juniors were promoted on 15/3/2023 on recommendation of the DPC. According to him, his punishment had come to an end on 13/2/2023, counting the original penalty imposed by the DPC. The learned writ court however held it otherwise.