IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION No.14263 of 2009 Between: N.Ranga Rao S/o.Sri Subba Rao R/o. C/o. Busarapu Srinivasa Rao, Darga Centre, Narsapuram, West Godavari District. ..... PETITIONER AND 1 The Deputy Inspector General of Police, Eluru Range, Eluru, West Godavari District. 2 The Superintendent of Police, West Godavari at Eluru, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of Certiorari and to call for the records relating to the order dated 10.7.2009 on O.A.No.7638/2009 on the file of the Hon'ble A.P.A.T. and quash the same as arbitrary and illegal and consequently direct the respondents to direct the respondents to send the petitioner for 12th batch of 6 months pre-promotional course for O/S SIs / ASIs / HCs fit to act as SIs (Civil), along with his juniors. Counsel for the Petitioner:MR.ANDAPALLI SANJEEV KUMAR Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION No.14263 of 2009 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) The petitioner herein filed O.A.No.7638 of 2009 before the A.P.Administrative Tribunal, Hyderabad, seeking a direction to the respondents herein to send him for 12th batch of six months pre- promotional course for out of seniority Sub-Inspectors/Assistant Sub- Inspectors/Head Constables fit to act as Sub-Inspector (Civil). Pending disposal of the O.A., the petitioner sought for an interim relief to direct the respondents to send him for the said training. The Tribunal vide order, dated 10-07-2009, while issuing notice before admission, refused to grant interim direction. Aggrieved by the same, the present writ petition is filed seeking to set aside the order, dated 10-07-2009, made in O.A.No.7638 of 2009 and consequently to direct the respondents herein to send the petitioner for the said training along with his juniors. Learned counsel for the petitioner submits that he was initially appointed as Constable on 14-11-1974 and was subsequently promoted as Head Constable on 15-10-1986 and was further promoted as Assistant Sub-Inspector of Police on 15-06-2000. In the month of October, 2003, the respondents prepared a qualified list of Head Constables fit to act as Sub-Inspectors upto 18-01-2003 and willingness was obtained from the individuals, who short listed thereunder. The petitioner forwarded his willingness for being promoted to the post of Sub-Inspector of Police. While so, he was kept under suspension vide proceedings, dated 28-06-2007 alleging that he has falsely implicated one Sri Ankam Peereswara Rao in a criminal case and on that ground he was suspended on 28-06-2007 pending enquiry and the charge- sheet was issued on 29-10-2007 and ultimately, on 26-02-2008, Sri P.Venkata Rama Reddy, Sub-Divisional Police Officer, Narasapuram, was appointed as an Enquiry Officer to enquire into the charges framed against the petitioner. But, so far, the Enquiry Officer has not completed the Enquiry. We have perused the charge-sheet. The charges framed against the petitioner are grave in nature. Therefore, we are of the opinion that if the charges are proved, the petitioner is not entitled for the relief claimed. But, however, we are not inclined to express any opinion with regard to the merits of the case, as the Enquiry is still pending and any opinion expressed by this court will have an effect on the enquiry proceedings. Having regard to the facts and circumstances of the case and in view of the nature of charges framed against the petitioner, we are not inclined to grant the relief claimed by the petitioner and the writ petition is liable to be dismissed. Accordingly, the writ petition is disposed of with a direction to the respondents to complete the disciplinary proceeding as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. The respondents shall insist upon the Enquiry Officer and see that the enquiry is completed, so as to enable the respondents to complete the enquiry proceedings within the aforesaid stipulated period. For any reason, the enquiry is not completed within the above period, the enquiry proceedings will have no impact on the service conditions till the enquiry is completed and consequent action is taken on the basis of the report submitted by the respondents. In view of disposal of the writ petition, O.A.No.7638 of 2009 stands disposed of. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________________ P.SWAROOP REDDY, J Date: 16-07-2009 Prv