IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 5685 of 2008 Between: 1 The Deputy Commissioner (Commercial Taxes), Visakhapatnam Division, Visakhapatnam. 2 The Deputy Commissioner (Commercial Taxes), Vizianagaram Division, Visakhapatnam. 3 The Commissioner of Commercial Taxes, Govt. of A.P. Hyderabad. ..... PETITIONERS AND A. Raghuram, Sr. Asst. O/o. Commercial Tax Officer, Rajam, Vizianagaram. .....RESPONDENT 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 issue a writ order or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to the orders of the Hon'ble AP Admn. Tribunal, Hyderabad passed in OA No. 1884/2007 dated 18-12-2007 as being erroneous, illegal and unreasonable and quash the same. Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent : SRI P.V. KRISHNAIAH. The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO : 5685 of 2008 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed challenging the order, dated 18.12.2007 passed by the A.P. Administrative Tribunal in O.A.No.1884 of 2007. The respondent herein is the applicant before the Tribunal. He filed the above O.A. seeking to declare the action of the respondents therein in withholding his promotion to the post of Asst. Commercial Tax Officer on the sole ground of pendency of charges issued by the 1st respondent, dated 25.9.2006 as illegal and arbitrary and to issue consequential directions to the respondents therein to forthwith consider and promote him by appointment by transfer as Asst. Commercial Tax Officer in the existing vacancies without reference to the departmental proceedings, with effect from the date of promotion of his junior i.e., 9.3.2007 with all consequential benefits. The tribunal having observed that the charge memo has been furnished to the applicant on 25.9.2006, but the respondents did not furnish the documents and the statements referred to by them in the charge memo and therefore, for the delay occurred in concluding the disciplinary proceedings, the applicant cannot be penalized, allowed the O.A., directing the respondents to furnish the documents and statements referred to in the charge memo to the applicant within a period of four weeks and the applicant was also directed to furnish explanation within two weeks thereafter and it is further directed that within three months from the date of furnishing such an explanation, the respondents shall conclude the disciplinary proceedings and in default, the disciplinary proceedings deemed to have been dropped. Having aggrieved by the same, the respondents therein have filed the present writ petition. Heard the learned Government Pleader and the learned Counsel appearing for the respondent-applicant and perused the material available on record. On a perusal of the material available on record, it is apparent that a charge memo was issued to the applicant on 25.9.2006. But the authorities failed to furnish the documents relied upon by them for framing the charges referred to in the charge memo in spite of representation made by the applicant, as a result of which, the applicant could not submit his explanation and the disciplinary proceedings cannot be proceeded with. The delay is admittedly on the part of the authorities, for which, the applicant cannot be penalized. Therefore, merely on the ground of pendency of disciplinary proceedings, the case of the applicant for promotion cannot be stalled. In the facts and circumstances of the case, We feel that the order of the tribunal needs no interference by this Court. Therefore, this writ petition is devoid of merits and as such, the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. At this stage, the learned Government Pleader while submitting that in pursuance of the direction of the tribunal, the ACB record, which the applicant sought for, has been furnished to him on 7.3.2008 and the enquiry is in progress, seeks time so as to enable the authorities to conclude the disciplinary proceedings. Considering the above submission, We feel it just and proper to grant four (4) months time from today enabling the authorities to conclude the disciplinary proceedings. _______________________ Justice T.Meena Kumari ____________________ Justice G.Chandraiah Dated:19.03.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO :5685 of 2008 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 19/03/2008 ,