IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 6679 of 2009 Between: Dr. N. Govinda Rao, S/o. N. Yarraiah, Specialist (Surgery), E.S.I. Hospital, Rajahmundry, East Godavary District. ..... PETITIONER AND 1 The Government of Andhra Prades, Rep. by its Principal Secretary, Labour, Employment, Training and Factories Department, Secretariat, Hyderabad. 2 The Director of Insurance Medical Services, Government of Andhra Pradesh, Hyderabad. .....RESPONDENT(S) 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 to issue an order or direction, more in the nature of Writ of Mandamus, directing the respondents, to consider the case of the petitioner for promotion to the post of Special Grade Civil Surgeon without reference to the Charge Memo issued in G.O.Rt.No. 2206, Labour, Employment, Training & Factories (Vig.) Department, dated 27-10-2006 and consequently promote him as per his seniority and in accordance with law, by duly declaring the order passed by the Hon'ble A.P. Administrative Tribunal, Hyderabad made in O.A.No. 6713 of 2008, dated 17-11-2008, as illegal, arbitrary, contrary to law, unconstitutional, and pass Counsel for the Petitioner:MR.T.SURYA KARAN REDDY Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed with the following prayer: “For the reasons stated in the accompanying affidavit, the petitioner herein prays in the interest of justice that this Hon’ble Court may be pleased to issue an order or direction, more in the nature o Writ of Mandamus, directing the respondents to consider the case of the petitioner for promotion to the post o Special Grade Civil Surgeon without reference to the Charge Memo issued in G.O.Rt.No. 2206, Labour, Employment, Training and factories (Vig.) Department, dated 27.10.2006 and consequently promote him as per his seniority and in accordance with law, by duly declaring the order passed by the Hon’ble A.P. Administrative Tribunal, Hyderabad made in O.A.No. 6713 of 2008, dated 17.1.2008, as illegal, arbitrary, contrary to law, unconstitutional and pass such other and further order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” The petitioner approached the Tribunal under Section 19 of the Administrative Tribunals Act, 1985, seeking a direction to the respondents for promotion to the post of Special Grade Civil Surgeon and to award all consequential benefits. Brief facts of the case are that the applicant-petitioner is working as Civil Surgeon Specialist (Surgery),ESI Hospital, Rajahmundry, East Godavari District. He approached the Tribunal to direct the respondents to consider his case for promotion without reference to the charge Memo issued in G.O. Rt.No. 2206, Labour, Employmnet, Training and Factories (Vig) Department dated 27.10.2006 by contending that he has no supervisory powers over the financial transactions and it is the duty of the Lay Secretary and that there is abnormal delay in conducting the enquiry. The Government has filed the counter affidavit contending that the applicant is not entitled for promotion and there are two senior persons than him and that as a Medical Superintendent of the Hospital, the applicant-petitioner has a responsibility to supervise the financial transactions and there is constructive liability of the applicant in the misappropriation by the Office Superintendent and that he cannot be considered for promotion. The Tribunal after considering the entire material on record allowed the O.A in part and refused to grant the relief as sought for by the applicant i.e., to direct the respondents to consider the case of the applicant ignoring the Charge Memo. However, it directed the respondents to consider the case of the applicant for promotion, if he is in the zone of consideration, otherwise, by taking into account the guidelines issued under G.O.Ms.No. 257, General Administration (Ser.C) Department, dated 10.6.1999, especially in the light of the delay in conducting the enquiry and taking into account the contention of the applicant that he has no supervisory powers. It further directed the respondents to initiate departmental action, if there is negligence or no justifiable cause for the delay, as the conduct amounts to insubordination as per the Circulars issued from time to time and statutory rules are totally ignored. Sri T. Suryakaran Reddy, learned counsel appearing for the petitioner contended that it is only the function of the Lay Secretary to manage the entire affairs of supervision of cash and that the petitioner is not at all involved in these matters and his name was placed before the DPC at serial number two and merely because disciplinary proceedings are not yet concluded, he was not promoted to the post of Special Grade Civil Surgeon. Having regard to the facts and circumstances of the case, we deem it appropriate to direct the first respondent to complete and conclude the disciplinary proceedings, within a period of two months from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ B. SESHASAYANA REDDY, J Dt. 15.4.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Prades, Rep. by its Principal Secretary, Labour, Employment, Training and Factories Department, Secretariat, Hyderabad. 2 The Director of Insurance Medical Services, Government of Andhra Pradesh, Hyderabad. 3. 2CC to G.P. for Services II, High Court of A.P., Hyderabad OUT 4. 2 CD copies