THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE K.G. SHANKAR W.P.No.30373 of 2010 Date: 15.03.2011 Between: The Govt. of A.P., Rep.by its Principal Secretary to Govt., Revenue (Vig.I) Department, Secretariat Buildings, Hyderabad and 2 others .. Petitioners AND M. Bhopal Rao and another .. Respondents THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE K.G. SHANKAR W.P.No.30373 of 2010 ORDER (per Hon’ble Sri Justice Ghulam Mohammed): The writ petition is filed seeking to issue an order, more particularly, one in the nature of Writ of Certiorari to quash the order dated 13.08.2010 passed in O.A.No.5413 of 2010 by the Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The brief facts of the case are as follows: While the first respondent, who is the applicant in O.A.No.5413 of 2010, is working as Junior Assistant at Integrated Check Post of Purushothamapuram, Itchapuram Mandal, Srikakulam District, a surprise check was conducted by the Anti Corruption Bureau authorities on 3/4.10.2001. Thereafter, on the basis of report of the ACB authorities, a Charge Memo was issued to him on 21.06.2003. He submitted his explanation to the charge memo. Thereafter, there is no progress in the enquiry and he is not being considered for posting on par with others merely because of pendency of the enquiry proceedings. Aggrieved the same, the first respondent filed the said O.A. before the Andhra Pradesh Administrative Tribunal, Hyderabad. 3. After considering the matter in detail, the A.P. Administrative Tribunal allowed the said OA, through order dated 13.08.2010 and directed the respondents to consider the case of the first respondent for giving posting on par with other junior assistants. Aggrieved by the same, the Government filed the present writ petition. 4. While admitting the writ petition, on 22.12.2010 this Court passed the following interim order in WPMP No.38684 of 2010: “There shall be interim suspension for a period of two months. However, this order does not preclude the petitioners-authorities from completing enquiry immediately since though charge memo was framed and charge sheet was also issued in the year 2003, but there is no progress in the enquiry. In the circumstances, we also deem it appropriate to direct the petitioners-authorities to complete the enquiry within a period of two months from today. Office to post the writ petition after two months.” 5. Heard the learned counsel on both sides. 6. On receiving instructions, the Government Pleader for Services-II submitted that the enquiry initiated against the first respondent is about to complete and immediately after completion of the enquiry, the report will be submitted to the Disciplinary Authority. 7. A perusal of the impugned order goes to show that in similar circumstances O.A.No.828 of 2010 was allowed by the Tribunal on 06.02.2010 directing the respondents to consider the case of the applicants therein for giving posting orders on par with other Commercial Tax Officers. In that case, both the applicants, who were working as Commercial Tax Officers, were posted in non-focal posts and their cases were not considered for posting on par with other Commercial Tax Officers, as the cases of disproportionate assets were registered against them. In those circumstances, the Tribunal considering the G.O.Ms.No. 143, dated 21.06.2007 and also other circumstances, allowed that O.A., and directed the respondents to consider giving the postings to those applicants on par with others. 8. In view of the fact that the enquiry initiated against the first respondent is said to be not yet completed, we deem it appropriate to dispose of the writ petition with the following directions. 9. The Enquiry Officer is directed to complete the enquiry and submit the report within a period of one month from the date of receipt of a copy of this order and on such submission of enquiry report, the Disciplinary Authority shall pass appropriate orders on the basis of the enquiry report and in accordance with law, after giving an opportunity to the first respondent-applicant, expeditiously. In the meanwhile, the petitioners-authorities are also directed to give appropriate posting orders to the first respondent-applicant as expeditiously as possible. 10. Accordingly, the Writ Petition is disposed of. However, there shall be no order as to costs. __________________ Ghulam Mohammed, J ________________ K.G. Shankar, J Date: 15.03.2011 Note: Issue CC in one week. (B/o.) Isn