THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WP No.3419 of 2010 The Government of Andhra Pradesh V G. Veeraju THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WP No.3419 of 2010 Oral Order: (Per Sri GM, J) At the request of both the counsel, the writ petition itself is being disposed of finally. Brief facts of the case leading to filing of this Writ Petition are that the respondent herein (Applicant) entered into Government service on 9-1-1984 as Assistant Motor Vehicle Inspector and he was got promoted as Motor Vehicles Inspector in the year 1989. The respondent was due to retire on attaining the age of superannuation on 31-12-2010. However, basing on the report submitted by the Range Inspector-II, ACB of Vijayawadsa range, that the respondent possessed assets disproportionate to the known source of income, appropriate proceedings were initiated, including disciplinary proceedings. It appears that in the disciplinary proceedings the respondent was inflicted with the penalty of postponement of three increments with cumulative effect. Aggrieved with the orders of punishment, the respondent preferred an appeal and the same was rejected by the Government. Thereafter, the respondent approached the Tribunal in O.A.No. 9768 of 2009 and the same is pending. The name of the respondent was placed before the Screening Committee meeting for the panel year 2008-2009 for the post of Regional Transport Officer on 13-8-2009, and his name was not included in the panel in view of the charges pending in R.N.1056/V3/2006 dated 3-7-2008 and also in view of postponement of three increments with cumulative effect. Thereafter, the Government issued instructions on currency and effect of minor penalties vide G.O.Ms.No.342. The respondent therefore, filed O.A.No.7319 of 2008 challenging inaction on the part of the petitioners in considering his case for promotion to the post of Regional Transport Officer on the ground of pendency of disciplinary proceedings and consequently sought a direction to consider his case for promotion without reference to the charge memo dated 3-7-2008. The Tribunal by its impugned order allowed the O.A. directing the petitioners to consider the case of the respondent for promotion without reference to the charge memo dated 3-7-2008 in the next DPC, subject to his eligibility, seniority and suitability. Hence, this writ petition by the State. After hearing learned counsel on either side and on perusal of the order impugned, we are of the view that the impugned order suffers from a legal infirmity inasmuch promotion can be withheld for selection posts, if the charge memos have been already issued or the case is pending in a court of law prior to the meeting of the screening committee. An employee has no right to promotion but he has a right to be considered for promotion. The Supreme Court in UNION OF INDIA v. K. V. JANAKIRAMAN ( (1) AIR 1991 SC 2010 ) inter alia, held that an employee has no right to promotion, he has only a right to be considered for promotion. The promotion to a post and more so, to a selection post, the least that is expected of an employee is to have an unblemished record. That is the minimum expected to ensure a clean and efficient administration and to protect the public interests. It is relevant to note that the Government of Andhra Pradesh formulated guidelines in G.O.Ms.No.257 dated 10-6-1999 with regard to consideration of employees who were subjected to disciplinary proceedings or criminal prosecution for further promotion or for appointment by promotion or transfer to the higher categories, wherein detailed categorization has been provided as to how such employees cases were to be dealt with for appointment by promotion or transfer to higher posts. In the circumstances, the judgment of the Tribunal is modified. Since it is a selection post, the DPC shall consider the case of the petitioner in accordance with G.O.Ms.No.257 dated 10-6-1999. Subject to above direction, the Writ Petition is disposed of. No costs. ____________ GM, J _________ SK, J Dt : 17-2-2010 THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WP No.3419 of 2010 17-2-2010