IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 28464 of 2007 Between: Syed Mahaboob Basha S/o.Syed Khader Basha R/o.D.No.19-172, OTK Street, Mittoor, Chittoor, Chittoor District. ..... PETITIONER AND 1 The Deputy Inspector General of Police, Kurnool Range, Kurnool, Kurnool District. 2 The Deputy Inspector General of Police, Anantapur, Anantapur District. 3 The Superintendent of Police, Chittoor, Chittoor District. 4 P.S.Basha Khan Police Control Room, Chittoor, Chittoor District. 5 P.Prabhakar Reddy Central Crime Station, Chittoor, Chittoor District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ of Certiorari or any other appropriate Writ, order or direction, after calling for the records relating to and connected with the questioning the order of the Hon'ble A.P. Administrative Tribunal dated 14.2.2007 in O.A.No.3037/2006 and quash the same and pass such other or further orders as are deemed fit and proper. Counsel for the Petitioner:MR.S.GIRIMOJI RAO Counsel for the Respondents : GP FOR HOME The Court made the following : THE HON'BLE SMT. JUSTICE T. MEENA KUMARI AND THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No.28464 of 2007 ORDER: (per Smt. T.Meena Kumari,J) The petitioner filed the present writ petition seeking for a Writ of certiorari to call for the records relating to O.A. No. 3037 of 2006, dated 14.2.2007 on the file of the A.P. Administrative Tribunal, Hyderabad and to quash the same. The brief facts of the case are that the petitioner initially was appointed as Police Constable during the year 1968. Thereafter, he was promoted as Head Constable and from Head Constable to Asst Sub Inspector of Police and Sub-Inspector of Police. While so, through proceedings dated 30.4.2006, the 3rd respondent reverted the petitioner to the post of Asst. Sub- Inspector of Police. Aggrieved, the petitioner along with two other applicants filed O.A No. 3037 of 2006 before the Tribunal. The Tribunal, through the impugned order, dismissed the O.A. Hence, the present writ petition. Heard the learned counsel for the parties and perused the impugned order. Before the Tribunal, the respondents have filed counter affidavit stating that the promotions were given to the applicants in the O.A. on out of turn seniority and on temporary basis. They further stated that none of the applicants in the aforementioned O.A. have undergone the requisite six months pre-promotional training programme meant for the post of Sub- Inspector of Police at the Andhra Pradesh Police Academy, Hyderabad. It is further stated that the first applicant in the said O.A. though attended the said course, however, he returned to the headquarters because of heart ailment even before the completion of the said course. So far as the petitioner and another applicant is concerned, the respondents have stated that they have given letters of unwillingness in writing stating that they are not willing to undergo the said training. Further, even during the year 2005 and 2006 also, when the third applicant was asked to give willingness, he gave unwillingness letter. It is also stated that unless an ASI/HC qualifies himself in the training programme, he cannot claim the right for continuing in the post of Sub-Inspector. However, when there was a shortage of four Sub- Inspectors, 21 OSSIs/ASIs of Chittoor District who have undergone pre- promotional course at the A.P. Police Academy, Hyderabad, have been accommodated in the existing vacancies as Sub-Inspector of Police. In such circumstances, the respondents have issued the impugned proceedings reverting the petitioner and two others. There is no dispute about the fact that the petitioner and two others have been promoted as Sub-Inspectors of Police on temporary basis. In view of the fact that the petitioner and others did not undergo the requisite pre- promotional training at A.P. Police Academy, Hyderabad and got through the examinations meant for the said post and in view of the fact that they gave unwillingness letters to undergo the requisite training, they were not entitled to be continued in the said posts and accordingly they were reverted to the post of HCs/A.S.Is. to accommodate the regular candidates who have completed the said training. The Tribunal taking into consideration the fact that the petitioner and others were promoted on temporary basis and the fact that they did not complete the requisite training, declined to interfere with the reversion order passed by the 3rd respondent. So far as continuation of juniors are concerned, it is stated that the persons who were junior to the petitioner were on deputation in their original posts and in view of the availability of vacancies, they have been temporarily promoted and by virtue of the reversion of the petitioner and others, they would also be reverted to their substantive posts. In the circumstances, we do not find any illegality or irregularity in the order of the Tribunal warranting interference. The writ petition fails and it is accordingly dismissed. No costs. ___________________ T. MEENA KUMARI,J DATE: 3rd March, 2008 __________________ G. CHANDRAIAH,J pnb