THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE G. BHAVANI PRASAD WRIT PETITION NO : 22297 of 2009 Dated: 9.6.2010 Between: Bollisetty Narayana ..PETITIONER And 1. M.A. Aleem and another ..RESPONDENTS This Court made the following: THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE G. BHAVANI PRASAD WRIT PETITION NO :22297 of 2009 ORAL ORDER: (Per Hon’ble Sri. Justice Ghulam Mohammed) This writ petition is filed assailing the interim order, dated 1.07.2009 passed by the A.P. Administrative Tribunal in O.A.No.7126 of 2009 and the consequential notice issued by the 2nd respondent by proceedings Rc.No.9763/2009-M2, dated 17.9.2009. 2. The 1st respondent herein filed the above O.A. seeking to declare the action of the 2nd respondent herein in not considering his case for promotion to the post of Deputy Range Officer by duly applying G.O.Ms.No.257 GA Services dated 10.6.1999. The Tribunal granted interim order, which reads as follows: “Pending disposal of the O.A., the respondents are directed to consider the case of the applicant for promotion to the post of Deputy Range Officer without reference to G.O.Ms.No.257 GA (Ser.C) Department, dated 10.6.1999, as the said post is to be filled up on the basis of seniority.” Challenging the above order, the petitioner, who is not a party to the above O.A., filed the present writ petition along with the leave application. Leave was granted to the petitioner on 15.10.2009. 3. Heard the learned Counsel for the petitioner as well as the learned Government Pleader for Services. Perused the material on record. 4. It is the contention of the writ petitioner that the 1st respondent and other similarly situated persons are facing departmental proceedings and in order to accommodate such persons, the petitioner cannot be reverted and therefore, the impugned order is liable to be set aside. 5. The learned Government Pleader has drawn our attention to the letter addressed to him by the Conservator of Forests, dated 2.6.2010, wherein it was informed that the disciplinary cases initiated against the 1st respondent herein have been finalized by the Divisional Forest Officer, Adilabad and presently, he is undergoing the currency of the punishments awarded by the Divisional Forest Officer, Adilabad. The four charges and the punishments under currency are indicated in the said letter. Further, the learned Government Pleader contended that with regard to the 1st charge, punishment of censure, with regard to the 2nd charge, stoppage of one annual grade increment without cumulative effect and with regard to the third charge, stoppage of one annual grade increment without cumulative effect were imposed and now, the 4th charge was framed on 23.6.2009 with regard to destruction of forest amounting to Rs.2,68,587/- and also tampering of Government records. It is also the contention of the learned Government Pleader that the currency of the punishments imposed in the above disciplinary cases shall be in force upto 26.4.2012 and therefore, the 1st respondent cannot be recommended for promotion. 6. In view of the above facts and circumstances borne on record coupled with the submissions made by the learned Government Pleader, without expressing any opinion on the merits of the case, prima facie, we deem that this is not a fit case warranting any interim direction at this stage of the proceedings and as such, the Tribunal is not justified in passing the interim order impugned herein and therefore, same is liable to be set aside. 7. Accordingly, the writ petition is disposed of setting aside the interim order passed by the Tribunal. However, the Tribunal is directed to dispose of the O.A. expeditiously, within a period of two months from the date of receipt of a copy of this Order. No order as to costs. __________________________ Justice Ghulam Mohammed __________________________ Justice G. Bhavani Prasad Date: 09.6.2010 Nn THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE G. BHAVANI PRASAD WRIT PETITION NO : 22297 OF 2009 (Order delivered by Hon’ble Sri Justice Ghulam Mohammed) 09.06.2010