THE HON'BLE SRI JUSTICE B. PRAKASH RAO & THE HON’BLE SRI JUSTICE B.N. RAO NALLA WRIT PETITION NO : 779 of 2011 ORDER: (Per Hon’ble Sri Justice B. Prakash Rao) Heard the learned Government Pleader for Services II. None appeared for the respondents. When the applications for interim orders were taken up for hearing, the learned Government Pleader requested to take up the main writ petition for disposal. The respondent-employee filed O.A.No.9217 of 2009 assailing the action of the petitioners in not considering his claim for promotion to the post of Regional Transport Officer in Multi Zone II as per his seniority without reference to the Charge Memos, pending against him. Initially, the Tribunal granted the interim order on 12.8.2009 and subsequently, on the vacate application, the same was taken up and again the matter was heard and the vacate application was disposed of by maintaining the very same interim order. Against the said proceedings, the State has filed the present writ petition. Admittedly the alleged misconduct is of the year 2003-04 and the charge memo was issued on 13.10.2005 and thereafter, the enquiry officer was appointed on 24.3.2009 and the enquiry is yet to be completed. There is absolutely no justification on part of the petitioners in keeping the enquiry pending against the respondent- employee for all these years. Mere pendency of the disciplinary proceedings is not a bar for considering the claim of the respondent- employee for promotion to the post of Regional Transport Officer. In that view of the matter and having regard to the discretion exercised by the Tribunal and since there no proper explanation forthcoming from the petitioners for keeping the enquiry pending for all these years, we are not inclined to interfere with the order of the Tribunal. Accordingly, the writ petition is dismissed. However, the Tribunal shall take the main O.A. and dispose of the same as expeditiously as possible, in accordance with law. ___________________ Justice B. Prakash Rao ___________________ Justice B.N. Rao Nalla Date: 13.4.2011 Nn. THE HON'BLE SRI JUSTICE B. PRAKASH RAO & THE HON’BLE SRI JUSTICE B.N. RAO NALLA WRIT PETITION NO : 779 of 2011 (Order delivered by the Hon’ble Sri Justice B. Prakash Rao) 13.4.2011