IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH 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 : 5666 of 2008 Between: 1 The Commissioner of Commercial Taxes, Government of Andhra Pradesh, Hyderabad. 2 The Deputy Commissioner, Commercial Taxes, Guntur Division, Guntur, Guntur District. ..... PETITIONERS AND M.V. Krishna Rao, Senior Assistant, Office of the C.T.O. Sattenapally, Guntur 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 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 AP Admn. Tribunal, Hyderabad passed in OA No. 7214/2006 dated 08-08-2007 as being erroneous, illegal and unreasonable and quash the same. Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent : MR.P.V.KRISHNAIAH The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO : 5666 of 2008 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed challenging the order, dated 8.8.2007 passed by the Tribunal in O.A.No.7214 of 2006. The respondent herein is the applicant before the Tribunal. He filed the above O.A. seeking to declare the endorsement issued by the 1st respondent in CCT’s Ref.No.DX I/174/06, dated 4.5.2006as illegal and arbitrary and consequently, to direct the respondents to forth with consider and promote the applicant as ACTO in the existing vacancy with effect from the date of promotion of his immediate junior on 17.11.2005, without reference to the charge memo dated 12.10.2006 issued by the 2nd respondent, with all consequential benefits on the ground that ACB authorities registered a crime on the basis of raid conducted on 20.9.202 on the allegation of possessing disproportionate assets to the known sources of income and he was kept under suspension from 22.11.2002 and reinstated into service on 16.6.2005 and no case is filed by the authorities till now and though no departmental proceedings were initiated, his juniors were promoted. The tribunal having observed that the departmental proceedings or criminal proceedings are deemed to be pending only when the charge memo was issued and charges are framed and that by the time, the juniors of the applicant were promoted, no charge memo was issued and no departmental proceedings or criminal case was instituted and so, depriving the applicant for promotion and promoting his juniors cannot be upheld, allowed the O.A., directing the respondents therein to consider the case of the applicant for appointment by transfer as ACTO, if he is under the zone of consideration, irrespective of pendency of departmental proceedings and to pass necessary orders within a period of four weeks from the date of receipt of a copy of the order, as the applicant is due to retire shortly. Having aggrieved by the same, the authorities filed the present writ petition. Heard the learned G.P. and perused the entire material available on record as well as the order impugned. At this stage of the proceedings, it is brought to the notice of this Court by the learned G.P. that the A.C.B Department has already laid charge sheet in Cr.No:34 of 2008 and apart from that, the Government has also issued a memo dated 27.12.2005 directing the department to initiate departmental proceedings against the applicant and in pursuance of the same, a charge memo has also been served on 27.2.2006 in the departmental proceedings. In the above circumstances of the case coupled with the facts and circumstances and also the principles laid down by the Apex Court in DELHI JAL BOARD V. MAHINDER SINGH ([1]), without expressing any opinion on the merits of the case, We feel it appropriate to modify the order of the tribunal to the effect that the writ petitioners-authorities shall consider the case of the respondent-applicant for promotion by transfer as A.C.T.O if he is found to be fit for promotion as per the rules and such promotion shall be subject to the result of the A.C.B case as well as the departmental proceedings. The order of the tribunal is modified accordingly. Subject to the above modification, this writ petition is disposed of. No costs. ______________________ Justice T.Meena Kumari ____________________ Justice G.Chandraiah Dated:19.03.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO :5666 of 2008 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 19/03/2008 , [1] AIR 2000 SC 2767