THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K.G. SHANKER WRIT PETITION No.19719 OF 2009 Between The Govt. of AP and another V N. V. Satyanarayana Rao THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K.G. SHANKER WRIT PETITION No. 19719 of 2009 Oral Order : ( Per Sri GM, J ) This writ petition has been filed challenging the order of the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No.8113 of 2008 dated 10-2-2009. The respondent herein belongs to A.P. Marketing Service. By proceedings dated 28-7-2004 articles of charges were framed against the respondent for his lapse in attending the work and that he was awarded a punishment of stoppage of one annual grade increment without cumulative effect. The respondent herein preferred appeal before the Government and the Government reduced the punishment of stoppage of one annual grade increment without cumulative effect to “warning” and the respondent was warned to be careful in future. According to the petitioners, the respondent herein was also involved in another disciplinary case and therefore articles of charges were framed against him vide proceedings dated 2-12-2004. According to the petitioners, the said disciplinary case is pending and not yet concluded, due to which the promotion to the respondent was not effected. The respondent herein approached the Tribunal by way of O.A.No.8113 of 2008 and the same was allowed by the Tribunal. Learned Government Pleader for services vehemently contended that the Tribunal ought not to have allowed the O.A. as the respondent is involved in another disciplinary case and that during the pendency of this writ petition, the disciplinary proceedings were also concluded and therefore sought for setting aside the impugned order. The Articles of Charges were framed against the respondent herein in two cases, out of which one case against him i.e. charge memo dated 2-12-2004 is pending. It is not disputed before us that the authorities have initiated disciplinary proceedings with respect to the same transaction of purchasing Tarpaulins against 26 officials and in all cases of similar allegations, the authorities have dropped further action whereas in the case of the applicant, the same was kept pending. The Tribunal therefore came to the conclusion that the action of the petitioners in continuing the disciplinary proceedings for an incident which happened nearly a decade ago, is highly irregular and therefore held that the disciplinary proceedings have been kept pending only with a view to cause prejudice and agony to the applicant. It was also held by the Tribunal that “ warning” shall not come in the way of promotion and that within a period of four months the respondent was visited wit the charge memo dated 2-12- 2004 and it was not necessary for the authorities to have taken such a long time to conclude the disciplinary proceedings and that executive instructions to the disciplinary authorities to conclude the disciplinary proceedings have been observed in breach.. The Tribunal therefore aside the charge memo dated 2-12-2004 with direction to the respondents to give effect to the recommendations of the Departmental Promotion Committee for promotion. In the circumstances, we do not see any ground to interfere with the impugned order. The Writ Petition is meritless and is dismissed. No costs. GM, J KGS, J Kk/15-6-2011 THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K.G. SHANKER WRIT PETITION No.19719 of 2009 15-6-2011