IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 18046 of 2008 Between: K.S.S.V. Srinivasa Rao S/o. K. Krishna Rao APEPDCL, Kancharapalem, Visakhapatnam. ..... PETITIONER AND 1 Chief General Manager (HRD), APEPDCL, Gurudwara Junction, Visakhapatnam. 2 Superintendent Engineer (Operation), APEPDCL, Maharanipet, Visakhapatnam. 3 Divisional Electrical Engineer (Operation), Zone-II, APEPDCL, Kancharapalem, Visakhapatnam. .....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 a writ, order direction more particularly a writ in the nature of Mandamus under Article 226 of Constitution of India declaring the action of the respondents in not considering the petitioner's promotion for the post of Lineman by promoting other 15 junior candidates who are juniors to the petitioners as is illegal, improper and void consequently direct the respondents to consider the petitioner for promotion for the post of Lineman and declare him with retrospective effect, and to pass Counsel for the Petitioner:SMT.A.PADMA Counsel for the Respondent No.: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 18046 of 2008 ORDER: The petitioner is working as Assistant Lineman in the Eastern Power Distribution Company Limited. Disciplinary proceedings were initiated against him, by issuing a charge memo, dated 19.08.2001, alleging certain lapses and he was placed under suspension on 26.06.2001. The petitioner submitted his explanation on 15.03.2003. An enquiry officer was appointed and after conducting the enquiry, he submitted a report on 19.09.2003. The petitioner was reinstated into service, vide proceedings, dated 28.07.2004. The respondents issued a show cause notice, dated 19.08.2004, proposing the punishment of reduction of pay scale to the minimum and stoppage of two increments. The petitioner submitted his explanation on 29.09.2004. Taking the same into account, the Chairman and Managing Director of the Company dropped the proceedings against the petitioner, vide memo, dated 16.07.2005. The petitioner submitted a representation, dated 27.08.2005, stating that during the pendency of the disciplinary proceedings, some of his juniors were promoted overlooking his case and since the disciplinary proceedings are dropped, necessary relief may be extended to him. His grievance is that no action has been taken thereon. Heard the learned counsel for the petitioner and the learned counsel for the respondents. Though disciplinary proceedings were initiated against the petitioner, ultimately, they were dropped vide memo, dated 16.07.2005, issued by the Chairman and Managing Director. With that, the disqualification, if any, for the petitioner to be promoted ceases to exist. Once the disciplinary proceedings against the petitioner were dropped, he is entitled to be extended all the consequential benefits. If any employees, juniors to the petitioner, were promoted, he deserves to be extended the promotion, with effect from the date, on which his juniors were promoted. The representation made by the petitioner cannot be kept pending indefinitely. Therefore, the writ petition is disposed of, directing the respondents to take necessary steps on the representation, dated 27.08.2005, made by the petitioner, within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. _________ 21.08.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 18046 of 2008 Date: 21.08.2008 JSU