THE HON’BLE SMT. JUSTICE T.MEENA KUMARI AND THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.28601 OF 2007 O R D E R (Per the Hon’ble Smt. Justice T.Meena Kumari) Heard both the counsel. 2. Aggrieved by the interim order dated 25.1.2007 passed by the A. P. Administrative Tribunal, Hyderabad in O.A.No.7389/2006, the impleaded respondent before the Tribunal, filed the present writ petition. 3. The 3rd respondent herein who is working as Joint Director of Industries in the office of the Commissioner of Industries, Chiragali Lane, Hyderabad and who is alleged to be under the zone of consideration for promotion to the post of Additional Director of Industries, filed O.A.No.7389/2006 apprehending denial of promotion to him on the ground of pendency of disciplinary proceedings against him. The case of the applicant before the Tribunal is that the enquiries, which are minor in nature, are kept pending purposefully, to deny the promotion to him. 4. No counter affidavit was filed before the Tribunal. 5. As the charges were issued for minor punishments, the Tribunal considering the G.O.Ms.No.257, General Administration (Ser.C) Department dated 10.6.1999 and also the judgment of the Apex Court in STATE OF PUNJAB AND OTHERS vs. CHAMAN LAL GOYAL[1] directed the respondents to consider the case of the applicant for promotion without taking into account the departmental proceedings pending against him, provided he is in the zone of consideration and eligible for promotion, subject to the result of the O.A. Aggrieved by the order of the Tribunal, the impleaded respondent before the Tribunal, who is working as Joint Director and who is alleged to be the next eligible candidate for promotion to the post of Additional Director, filed the present writ petition on the ground that the 3rd respondent herein is at serial no.24 and that he is at serial no.8 and further the 3rd respondent/applicant filed O.A. suppressing the fact that departmental proceedings for imposing major penalty were pending against him and hence he contended that the impugned order of the Tribunal is liable to be set aside. 6. This court by interim order dated 02.01.2008 in WPMP.No.37362/2007 granted interim suspension of the impugned order initially for a period of four weeks and thereafter extended by two more weeks. 7. The learned Government Pleader submitted that the Departmental Promotion Committee had concluded the proceedings and is ready to give its recommendations. 8. Having regarding to the facts and circumstances and in view of the above statement of the Government Pleader that the Departmental Promotion Committee has concluded the proceedings and is ready to give its recommendations, without going into the merits of the case, we dispose of the writ petition by modifying the impugned orders of the Tribunal, with the following direction: “The Departmental Promotion Committee is given liberty to make its recommendations and the same shall be given effect to in accordance with the A.P. State and Subordinate Service Rules, within a period of one week from today. The Tribunal shall dispose of the O.A. within a period of three months from the date of receipt of a copy of this order.” 9. In the circumstances of the case, there shall be no order as to costs. --------------------------------- T.MEENA KUMARI,J ------------------------------------- G.CHANDRAIAH,J AVS DATE:10.03.2008 Note: Issue C.C. in two days. B/O [1] (1995)2 SCC 570