THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU Writ Petition No.1488 of 2008 Date: 30-01-2008 Between 1. The Principal Chief Conservator of Forests, Aranya Bhavan, Saifabad, Hyderabad. 2. The Special Chief Secretary to Government, Environment, Forests, Science and Technology Department, A.P. Secretariat, Hyderabad … Petitioners and K.Srinivasulu, Dy. Forest Range Officer, Raghunadhapalem Section, Miryalaguda Range, Nalgonda District … Respondent THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU Writ Petition No.1488 of 2008 Oral Order: (per D.S.R.Varma, J.) Heard the learned Government Pleader for Services-I appearing for petitioners and Sri C.Srinivasa Baba, learned Counsel appearing for respondent-applicant. 2. This writ petition is directed against the order, dated 08-10-2007, passed by the Andhra Pradesh Administrative Tribunal, at Hyderabad (for brevity, ‘the Tribunal’) in allowing O.A.No.5662 of 2007, filed by the respondent-applicant, declaring that the action of the petitioners herein in not promoting the applicant as Forest Range Officer as arbitrary and illegal. 3. The factual background appears to be as under: While the applicant was serving as Deputy Forest Range Officer, he was subjected to search by the Anti Corruption Bureau (ACB) authorities on 10-11-2005. A report appears to have been made to the Government against the applicant. But, no action by way of proceedings, either criminal or departmental, have been initiated against him except registering a First Information Report (FIR) in the year 2005. Be that as it may, a Departmental Promotion Committee (DPC) has been constituted for the purpose of making promotions to the post of Forest Range Officer, which is a selection post. 4. On the ground that a report has been pending with the Government made by the ACB authorities, the case of the applicant was not considered initially for empanelling him for promotion. Aggrieved thereby, the applicant filed O.A.No.8804 of 2005. The Tribunal after considering the matter on merits and also taking into consideration the judgment of the apex Court in Union of India vs. K.V.Janakiraman etc.,[1] disposed of the said O.A., by order dated 01-09-2006, with the following direction, which is thus: “…………………………………………………………………… 8. ……………………. In the present case, as admitted in the counter, the case of the applicant has not been placed before the DPC and therefore, there is no question of DPC making any recommendation. In view of the above facts and circumstances of the case, the respondents are directed to place the entire material before the DPC along with relevant material for consideration, along with others, as and when it meets, and the respondents shall take action thereafter on the recommendation of the DPC, in accordance with rules.” 5. Accordingly, the DPC has met on 17-01-2007 and recommended the case of the applicant for appointment to the post of Forest Range Officer, however, subject to the clearance of his case by the Government. 6. It appears, subsequently, petitioner No.1 addressed a letter to petitioner No.2 i.e., the Principal Secretary to the Government bringing out to his notice about the case of the applicant seeking instructions whether the case of the applicant can be considered or not, in view of favourable recommendations made by the DPC selecting the applicant. 7. At this stage, perhaps, since the case of the applicant was not being considered with due promptitude, he filed the present O.A.No.5662 of 2007, seeking a direction to the petitioners to consider his case in view of the selection made by the DPC notwithstanding the adverse report made by the ACB authorities. 8. At this juncture, it is to be noted that since 2005 till the present O.A., has been filed, as already pointed out, no action whatsoever, either criminal or departmental proceedings, have been initiated against the applicant in any manner except registering the FIR. There is no progress whatsoever thereafter. The reasons for not showing any progress in such matters till today are not forthcoming. Obviously, the delay, which is inordinate, in our view, in not initiating any proceedings whatsoever for the past more than 2½ years are not forthcoming. 9. Therefore, we are of the view that the inaction on the part of the petitioners in not allowing the applicant to get selected despite the fact that he was recommended by the DPC in the year 2007 itself is something uncalled for. Perhaps, it is a deserving case to draw an adverse inference in such circumstances against the petitioners. 10. It is not out of place nor irrelevant to mention that the applicant was selected for the post of Forest Range Officer for the ST backlog vacancy available in the Zone. The denial of promotion on these abstract grounds to such a candidate is wholly unsatisfactory and unsavory. 11. The Tribunal, of course, relied on a decision of the apex Court in K.V.Janakiraman’s case (supra), whereby it was held that the promotion etc., cannot be withheld merely because some disciplinary/criminal proceedings are pending against the employee. This proposition is absolutely unexceptionable. But, however, the Tribunal need not, in fact, place reliance on this judgment, inasmuch as, no disciplinary proceedings as such in any manner whatsoever are pending against the applicant. Therefore, application of the said proposition of the apex Court is also not necessary. 12. On the other hand, the case of the applicant ought to have been cleared by the petitioners with all expected dignity and decency notwithstanding the factum of mere registration of FIR quite some time back without proceeding any further. 13. For the foregoing, we are of the view that the Tribunal had considered the case in right perspective and consequently, we are of the view that the writ petition does not merit any interference by this Court. 14. In the result, the writ petition is dismissed, at the stage of admission, confirming the impugned order of the Tribunal. ___________________ JUSTICE D.S.R.VARMA ___________________ JUSTICE K.C.BHANU 30th January, 2008. Ak [1] AIR 1991 SC 2010