HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.27384 OF 2009 Dt.23.12.2009 Between: State of Andhra Pradesh rep. by its Principal Secretary, Finance and Planning Department Secretariat, Hyderabad and another .. Petitioners And R.Shankar Reddy .. Respondent HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.27384 OF 2009 ORDER: (Per Sri Justice Vilas V. Afzulpurkar) This writ petition is filed by the State, aggrieved by the final orders of the Andrha Pradesh Administrative Tribunal in O.A.No.9102 of 2009, dated 22.9.2009. The aforesaid O.A. was filed by the respondent herein to consider his case for promotion to the next higher post of Audit Officer without reference to the pendency of the criminal case in C.C.No.20 of 2005 on the file of the ACB (Special) Court, Nellore. The said case was registered against the respondent herein and the allegation was that he accepted illegal gratification of Rs.5,000/- from the Panchayat Secretary for doing official favour. While the said case was pending before the Special Judge for SPE & ACB Cases, the Government issued G.O.Rt.No.3409, Finance (Admn.II) Department, dated 14.9.2006, seeking to withdraw the criminal prosecution. Accordingly, a memo was filed before the ACB Court for withdrawal of the criminal case, but the learned Special Judge for SPE & ACB Cases, rightly, did not agree for the same and dismissed the said petition. The said criminal case is now pending before the Special Judge for SPE & ACB Cases. The Tribunal found that since the respondent herein is retiring by 30.6.2010 and since the said criminal case is pending from 2005 without any progress, a direction to consider the case of the respondent for promotion was given without reference to the pendency of the criminal case. The said order is questioned by the State in this writ petition. This Court while admitting the writ petition on 16.12.2009 granted interim suspension of the impugned order of the Tribunal. The respondent was represented through caveator and at the request of the learned counsel for the respondent the matter is coming up for orders today and we had also indicated on the date of admission that this matter is squarely covered by the order of this Court in W.P.Nos.19913 and 21739 of 2009, dated 30.10.2009. In that decision, we have considered the identical question on the basis of various decisions and the orders of the Government in G.O.Ms.No.257, G.A (Ser.C) Dept., dated 10.6.1999, superseding the earlier G.O.Ms.No.74, Genl. Admn. (Ser.C) Department, dated 24.2.1994, and held that such of the officers, who are facing criminal prosecution are not entitled to seek consideration of their cases for promotion. We are surprised that the Government have attempted to withdraw the prosecution in the present case though the charge of accepting illegal gratification is serious and pending in criminal case. However, in view of the decisions referred to in W.P.Nos.19913 and 21739 of 2009, dated 30.10.2009, the present case is squarely covered by the said decision, and the order of the Tribunal is clearly unsustainable and is liable to be set aside and the O.A. filed by the respondent is liable to be dismissed. The writ petition is accordingly allowed. No order as to costs. __________________ V.ESWARAIAH, J. __________________________ VILAS V. AFZULPURKAR, J. 23.12.2009 kpr