THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION No.26344 of 2010 Between: The Govt of A.P. .... PETITIONER(S) AND .....RESPONDENT(S) THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION No.26344 of 2010 ORDER: (per HON'BLE SRI JUSTICE GHULAM MOHAMMED) This writ petition has been filed by the Government challenging the order dated 29-4-2010 passed in O.A.No.2877 of 2010 by the Andhra Pradesh Administrative Tribunal, Hyderabad. The 1st respondent herein filed O.A.No.2827 of 2010 before the Tribunal seeking direction to the authorities to consider his case for promotion to the post of Forest Range Officer without reference to the charges pending against him. The Tribunal however, at the admission stage passed the interim orders dated 29-4-2010 directing the respondent therein to consider the case of the applicant for promotion without reference to the charges pending against him. Though vacate stay petition was filed by the Government, relying on the decision of this Court dated 4-6-2010 in W.P.No.410 of 201 and batch, the Tribunal clarified that the pendency of the VMA is not a bar to implement the interim orders of the Tribunal. The learned Government Pleader submitted that the 1st respondent was avoiding participating in the enquiry and on the other hand prosecuting the litigation with an obvious intention to gain promotion before conclusion of the disciplinary proceedings. It is needless to mention that the category of cases which do not fall under category of G.O.Ms.No.257 dated 10-6-1996 will have to await the result of the disciplinary proceedings so far as promotion of such officers are concerned. The Tribunal while passing the impugned interim order has considered the aspect that the charges in the charge memo relates to the year 2007 only. Whether the charges against the 1st respondent are grave in nature and fall under category of para 5(A)(ii) of G.O.Ms.No.257 dated 10-6-1999, was not adverted to properly by the Tribunal. Since the O.A. is pending consideration before the Tribunal and that the matter has been seized of by the Tribunal, in the circumstances it is expedient to direct the Tribunal to dispose of the O.A. itself finally on merits, expeditiously. In the circumstances, the impugned order is set aside and the matter is remitted back to the Tribunal for disposal of O.A. itself within a period of four weeks from the date of receipt of a copy of this order. Subject to above directions, the Writ Petition stands allowed. No costs. ________________________ GHULAM MOHAMMED, J. ________________ K.G.SHANKER, J. 31st January 2011 KK THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION No.26344 of 2010 31-1-2011