HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.18477 of 2007 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition seeks to quash the order dated 17-10-2006 passed in O.A.No.798 of 2004 on the file of Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The respondent herein is the applicant in the above O.A. He was dismissed from service on the ground that he was accused in Crime No.288 of 1997 registered for the offence under Section 4(2) of Immoral Traffic (Prevention) Act. Later, he was tried for the said offence in C.C.No.123 of 1998 and the competent criminal court acquitted him. The petitioners have initiated disciplinary proceedings on the basis of same charge as that of the criminal case and ultimately imposed the penalty of dismissal from service. The Tribunal has quashed the charge memo on the ground of delay in O.A.No.3863 of 2004 by order dated 29-8-2006. In O.A.No.798 of 2004, the Tribunal has directed the petitioners to consider the claim of the applicant – respondent herein for promotion to the post of Sub-Inspector, if he is otherwise eligible and qualified, in accordance with law. 3. Learned Government Pleader appearing for petitioners contended that the Scheme under which the respondent is claiming promotion has been abolished and therefore the applicant is not entitled to claim any promotion in that category. On the other hand, learned counsel for the respondent contended that when once the criminal court acquitted the respondent, the departmental enquiry cannot be proceeded on the same set of facts. 4. In the instant case, the respondent herein was dismissed on the same charges, which formed part of the criminal proceedings. Thus, the departmental enquiry was conducted on the very same set of facts and evidence and the competent criminal court acquitted the respondent herein of the offence. In the circumstances, the Tribunal rightly quashed the disciplinary proceedings and directed the petitioners to consider the claim of the respondent herein for promotion to the post of Sub-Inspector, as per law. We do not find any infirmity in the impugned order. 5. In view of the above, the writ petition is liable to be and it is accordingly dismissed. No order as to costs. __________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 19-06-2008 bsc