D.RAMBABU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking a Writ of Mandamus, holding the action of respondents in not considering the case of petitioner for promotion to the post of Inspector of Police on the ground of pendency of Criminal Case in Crime No.2/RCT/ACB-NZB/2017, dated 10.10.2017 of the ACB, Nizamabad Range for the offences under Sections 7 & 13(1)(d) r/w.13(2) & 12 of PC Act, while considering the claims of juniors for promotion as Inspector of Police, as illegal, arbitrary and contrary to the law and the Rules and sought consequential directions directing the respondents to consider the claim of petitioner for promotion as Inspector of Police without reference to the criminal case in Crime No.2/RCT/ ACB-NZB/2017, dated 10.10.2017 of the ACB, Nizamabad Range for the offences under Sections 7 & 13(1)(d) r/w.13(2) & 12 of PC Act.

(2.) Heard Sri V.Maheswar Reddy, counsel for petitioner and the Assistant Government Pleader appearing on behalf of Special Government Pleader, for respondents.

(3.) It has been contended by the petitioner that he is working as a Sub-Inspector of Police in Nizamabad Range and he belongs to 2004 batch. The grievance of the petitioner is that respondents are not considering his case for promotion to the post of Inspector of Police on the ground that a criminal case was registered against the petitioner in Crime No.2/RCT/ACB-NZB/2017, dated 10.10.2017 of the ACB, Nizamabad Range for the offences under Sections 7 & 13(1)(d) r/w.13(2) & 12 of PC Act. Counsel for petitioner contend that only a criminal case has been registered, and till it is proved that he is guilty of the offences alleged, his case can be considered for promotion. Counsel for petitioner contend that a false case has been registered against the petitioner and right to be considered for promotion, is a fundamental right guaranteed under the Constitution of India, therefore, contend that appropriate orders be passed in the writ petition directing the respondents to consider the case of the petitioner for promotion by taking into account the guidelines framed in G.O.Ms.No.257, dated 10.06.1999 and G.O.Ms.No. 66, dated 30.01.1991.