IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5184 of 2009 Between: A. Venkateswarlu S/o. Ramulu APCPDCL, Nalgonda. ..... PETITIONER AND 1 APCPDCL rep. by its Chairman & Managing Director, Redhills, Hyderabad. 2 The Superintending Engineer, APCPDCL, Operation Circle, Nalgonda, Nalgonda District. 3 M. Srinivasa Rao A.D. Quality Control Corporate control, Mint Compound, Hyderabad.s 4 S. Ravi Prasad O/o. DEDPE, R.R. South Circle, APCPDCL, Urdu hall Line A.P. Housing Board Building, 4th Floor, Himayath Nagar, East Circle, Hyderabad. .....RESPONDENTS Counsel for the Petitioner:SMT.S.V.INDIRA Counsel for the Respondents:MR.P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to set aside memo, dated 25.01.2009 and proceedings, dated 28.02.2009 issued by the Chairman and Managing Director of respondent No.1 Company. The petitioner is working as Assistant Divisional Engineer with respondent No.1 Company. He faced disciplinary proceedings. After completion of enquiry, the enquiry officer submitted his report, based on which, show cause notice was issued to the petitioner by the Chairman and Managing Director of respondent No.1 Company on 28.09.2007. Having submitted his explanation, the petitioner filed Writ Petition No.23764 of 2008 and got the further proceedings stalled under interim order, dated 31.10.2008. A few months thereafter, the petitioner filed the present writ petition with the grievance that respondent No.1 has not been finalizing the disciplinary proceedings and has been unjustly withholding the petitioner’s promotion, though several of the his juniors including respondent Nos.3 and 4 were promoted as Executive Engineers. At the hearing, the learned counsel for the petitioner placed reliance on G.O.Ms.No.529, dated 19.08.2008 in order to buttress her contention that where disciplinary proceedings are not concluded even after two years, the employers shall consider giving ad hoc promotions to the employees facing the disciplinary cases. I have carefully read the said G.O., wherein it is stated that the Government issued various orders from time to time directing giving of ad hoc promotions in cases where disciplinary proceedings are prolonged for more than two years. In the said G.O., the Government further directed the employers to consider the cases of employees for promotion to the next higher categories wherever the charges are held not proved by the Criminal Court and the accused acquitted, even though an appeal is preferred before the higher Court against such acquittal. In my considered view, the petitioner contributed to the delay in finalizing the disciplinary proceedings by filing Writ Petition No.23764 of 2008 and obtaining interim stay of passing final order. But for the said order, a final order would have probably been passed by now. The petitioner cannot therefore, take advantage of his own action in stalling the disciplinary proceedings on the one hand and seeking to derive benefit from G.O.Ms.No.529, dated 19.08.2008, on the other. The petitioner himself is responsible for the present situation. Therefore, I do not find any reason to direct respondent Nos.1 and 2 to promote the petitioner without reference to the pending disciplinary proceedings. Hence, the writ petition is dismissed. Liberty is given to the petitioner to take appropriate steps to remove legal hurdle created on account of his filing Writ Petition No.23764 of 2008 to enable the respondents to pass appropriate order in the disciplinary proceedings. It is needless to observe that the petitioner’s right to claim promotion will depend upon the outcome of the disciplinary proceedings. Subject to the above observations, the writ petition is dismissed. As a sequel to dismissal of main petition, WPMP.No.6772 of 2002 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 30th MARCH, 2009. kvni