HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.28625 OF 2010 ORDER: Petitioner is working as Assistant Engineer in the Andhra Pradesh State Housing Corporation Limited, the 2nd respondent herein. He was placed under suspension on 22-05-2008 on the ground that the ACB found him to be possessing assets disproportionate to his known source of income. Thereafter, he was reinstated into service on 28-04-2010 and was posted to Chittoor District. Petitioner states that he is due for promotion, on the basis of his seniority to the next post of Deputy Executive Engineer, but the respondents are not considering his case on the ground that a criminal case is pending under the provision of the Prevention of the Corruption Act, 1988 (for short ‘PC Act’). He contends that the mere pendency of a criminal case, cannot be treated as a hurdle for considering his case for promotion. Reliance is placed upon the orders issued by the Government from time to tome. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Housing. 3. By their very nature, the criminal cases instituted under the PC Act, particularly, on the grounds of holding disproportionate assets, would take considerable time for disposal. Though it becomes mandatory on the part of the Government to place an employee, facing such proceedings, under suspension, the matter needs to be reviewed, after expiry of some time, so that the exchequer is not burdened with the subsistence allowance without extracting any work from the employee. It is in this context, that the petitioner was reinstated into service. 4. Government issued orders, from time to time, stipulating the guidelines for considering the cases of the employees, who are facing such proceedings for promotion. G.O.Ms.No.257 is one such Order. It provides, inter alia, that the cases of such employees, subject to certain conditions, shall also be considered for promotion. If the petitioner fits in to parameters of G.O.Ms.No.257 dated 10-6-1999, his case deserves to be considered. 5. Hence, the Writ Petition is disposed of directing that the respondents shall consider the case of the petitioner for promotion to the post of Deputy Executive Engineer, in accordance with G.O.Ms.No.257 GAD, dated 10-06-1999. There shall be no order as to costs. ____________________ L. NARASIMHA REDDY, J November 24, 2010. KTL