THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.29574 of 2010 ORDER: The petitioner is working as Attender in the Andhra Pradesh Tribal Welfare Residential School, Ankampalem, West Godavari District. He was placed under suspension through proceedings, dated 14.02.2001, on the ground that he was arrested on 13.01.2000 in connection with Crime No.1 of 2000 of Polavaram Police Station. It is stated that though Sections 376 and 417 IPC were shown in the FIR, they were modified subsequently. The petitioner approached this Court by filing W.P.No.20529 of 2003 challenging the order of suspension. The petition was allowed on 30.10.2003, and the petitioner was directed to be reinstated. The grievance of the petitioner is that he is not being considered for promotion on the ground that the criminal case is pending. Heard the learned counsel for the petitioner and the learned Government Pleader for Social Welfare for the respondents. It was way back in the year 2000, that a case was registered against the petitioner. It is brought to the notice of this Court that the criminal case is not even numbered and still it is at the stage of crime. Assuming that a case is pending against the petitioner, his right to promotion cannot be denied. It is only when departmental proceedings are initiated and an order of punishment is imposed, that petitioner could have been denied promotion depending on the nature of punishment. It is stated that several Attenders, who are juniors to the petitioner, were promoted. For the foregoing reasons, the Writ Petition is allowed, and the respondents are directed to consider the case of the petitioner for promotion without reference to the fact that he was shown as accused in a crime, within a period of four weeks from today. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY,J Date: 01.12.2010. Note: Issue CC within one week. (Bo) SJ