IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 4770 of 2008 Between: 1 The Joint Director, Works and Accounts, Karimnagar. 2 The Director, Works and Accounts, A.P., Hyderabad. 3 The Govt. of A.P., rep. by its Secretary to Works and Accounts Department, Secretariat, Hyderabad. ..... PETITIONERS AND T. Pramod Chandea, Working as Senior Asst. O/o. Asst. Pay and Accounts Officer, Nizamabad. .....RESPONDENT 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, 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 A.P. Administrative Tribunal passed in O.A.No.5021/2007 dated 06.02.2008 as being erroneous, illegal and unreasonable and quash the same and pass such other order or orders. Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent .: SRI M. VIJAY KUMAR . The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO : 4770 of 2008 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioner seeking to set aside the order of the tribunal passed in O.A.No:5021 of 2007 and batch on 06.02.2008 . Originally, the respondent, who is the applicant in the above O.A., filed the O.A., seeking a direction to the respondents therein to promote him as Superintendent as per his eligibility and seniority. It is the case of the applicant that disciplinary proceedings are pending against him and the respondents-authorities are prolonging enquiry for a period of more than two and half years and under the guise of pendency of the disciplinary proceedings, the authorities are not considering his case for promotion. The tribunal having observed that the applicant was served with charge memo and after submission of the explanation, an enquiry officer was appointed and after appointing the enquiry officer, even after a lapse of one year, there is no conclusion of the disciplinary proceedings and the authorities are responsible for non-conclusion of the disciplinary proceedings pending against the applicant within the stipulated period of six months from the date of issuance of charge memo and in view of the prolonged disciplinary proceedings, the right of the applicant cannot be denied for promotion and the punishment can be imposed in the promotion post also, allowed the O.A. by making the interim orders passed therein absolute and by directing the respondents to consider the case of the applicant for promotion to the next higher post without reference to the Charge memo in the existing vacancy on part with their juniors. Having aggrieved by the same, the authorities preferred the present writ petition. Heard the learned G.P. and the learned Counsel appearing for the respondent-applicant and perused the material available on record. On a perusal of the order impugned, it is obvious that there is abnormal delay in completing the disciplinary proceedings against the applicant. Apart from that, under the guise of the pendency of the disciplinary proceedings, the right of the applicant for promotion cannot be denied as rightly observed by this Court time and again. Apart from that, for such prolonged enquiry, the authorities are responsible and therefore, for the latch on the administration in concluding the enquiry, the applicant cannot be penalized. In this view of the matter, We hold that the tribunal is justified is passing the impugned order and hence, the writ petition is devoid of merits and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. No order as to costs. ________________________ Justice T.Meena Kumari ______________________ Justice G.Chandraiah Dated:7.3.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO : 4770 of 2008 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 07/03/2008 ,