IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.27600 of 2008 Between: 1 The Commissioner of Panchayat Raj and Rural Employment, Himayathnagar, Hyderabad. 2 The Govt. of A.P. Rep by its Secretary, Panchayat Raj and Rural Development, Secretariat Buildings, Hyderabad. ..... PETITIONER(S) AND R. Pandu, Working as Extension Officer, (Panchayat Raj and Rural Development), Mandal Parishad, Dichpally, Nizamabad District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ order or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to the orders of the Hon'ble AP Admn. Tribunal, Hyderabad passed in OA No. 6734 of 2008 dated 05-9- 2008 as being erroneous, illegal and unreasonable and quash the same. Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: MR.P.V.S.S.S.RAMA RAO The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.27600 of 2008 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) The respondent herein filed O.A.No.6734 of 2008 on the file of the A.P.Administrative Tribunal, Hyderabad, seeking to declare the action of the 1st petitioner herein in not considering his case for promotion to the post of Divisional Panchayat Officer on the ground that charge memo issued on 12- 12-2000 is pending against him as illegal and arbitrary and consequently direct the petitioners herein to consider his case for promotion without reference to the charge memo dated 12-12-2000. It was the contention of the respondent herein before the Tribunal that he is entitled for promotion without prejudice to the pendency of disciplinary proceedings, but that request was not considered and accordingly, the Tribunal by order, dated 05-09-2008 disposed of the said O.A. with the following directions:- “In view of the above circumstances, the O.A. itself is being disposed of by directing the respondents to consider the case of the applicant for promotion as there is inordinate delay in concluding disciplinary proceedings. Therefore, there shall be a direction to the respondents to consider the case of the applicant for promotion to the post of Divisional Panchayat Officer without reference to the charge memo, dated 12-12-2000, if the applicant is otherwise, eligible and qualified and comes within the zone of consideration, in the existing vacancies, and such promotion shall be without prejudice to the pendency of disciplinary proceedings. It is always open for the respondents to issue punishment orders in promoted post if charges are proved and any punishment is to be imposed. Further a direction is given to the respondents to conclude disciplinary proceedings with a period of three months from the date of receipt of a copy of this order as the charge memo was issued on 12-12-2000. If the disciplinary proceedings are not concluded within the time stipulated, the said proceedings should be deemed to have been concluded and dropped as they never state of any misappropriation of Government funds.” Aggrieved by the aforesaid order, this writ petition has been filed by the State. Insofar as the direction with regard to promotion is concerned, we are of the opinion that sufficient conditions have been imposed by the Tribunal and therefore, we do not find any ground to interfere with the said direction. However, we make it clear that if the respondent suffers any punishment in the disciplinary proceedings, apart from revision, he is also liable for appropriate punishment. Insofar as the time stipulated in the enquiry is concerned, keeping in view the magnitude and gravity of the charges framed against the respondent, we are of the opinion that it is just and proper to extend the time for a further period of three months from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of by modifying the order of the Tribunal, dated 05-09-2008 made in O.A.No.6734 of 2008 to the extent indicated above. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________________ P.SWAROOP REDDY, J Date: 04-06-2009 Prv