HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION NO. 15646 OF 2011 Between: The Government of Andhra Pradesh represented by its Secretary and one another ………….Petitioners AND L. Ashok Kumar, S/o L. Narayana and three others ………….Respondents ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed seeking to issue an order particularly one in the nature of Writ of Certiorari calling for the records relating to and connected with the common order dated 18.4.2011 of the Andhra Pradesh Administrative Tribunal, Hyderabad in VMA No. 2703/2010 and 183/2011 in O.A.No. 5223 of 2010 and quash the same as illegal. The main grievance of the applicant in O.A is that the respondents therein issued charge memo on 11.9.2006 intending to inquire into all allegations levelled against him pertaining to the year 2004, but till today, the disciplinary proceedings are not concluded. The Tribunal at the stage of admission, granted ex-parte interim order, which reads as under: “Pending disposal of the O.A, there shall be a direction to the respondents to consider the claim of the applicant for promotion to the post of Assistant Secretary in the existing vacancies without reference to the pendency of disciplinary proceedings issued vide Memo NO. 271/6/2006-10 dated 11.9.2006.” Aggrieved by the same, the Government filed VMAs seeking to vacate the aforesaid interim orders. But the Tribunal dismissed the VMAs holding that on the ground of pendency of disciplinary proceedings, it would be unjust on the part of the respondents not to consider the claim of the applicant for promotion to the next higher post of Assistant Secretary. Aggrieved by the same, the present Writ Petition is filed by the Government. As the learned Government Pleader for Services –II submits that the enquiry was completed and show cause notices were issued and it is at the stage of receiving the explanations from the employees, we are not inclined to interfere with the order passed by the Tribunal and the Writ Petition is liable to be dismissed. Accordingly, the Writ Petition is dismissed. However, the petitioners herein are directed to complete and conclude the inquiry within two months from today and pass appropriate order. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _____________________ K.G. SHANKAR, J DATE: 10.06.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.