High Court · 2025

Petition Under Article 226 of rhe constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, or order or Direction particularly one in the nature of writ of Mandamus declaring the3rd respondent's Enquiry Report dated 6.7.2021 in Rc.No.D'1134/2020 read with 2nd respondent's Memo dated 10.04.2024 in ccls Ref. No.V1l79l20:1 7 and its continuation and in not considering and promoting the petitioner as Assistant commissioner of commercial raxes on the ground of- pendency of the disciplinary action though 'r 3 years have elapsed, as illegal, arbitrary and unconstitutiona I being violative of Articles 14 and .l 6 of the constitution of lndia apart from contrary to the elaborate guidelines issued by the Government in G.o.Ms.No.257, General Administration (services.c) Department dated '10i06l1999 and set aside the said Enquiry Report dated 6.7.2021 as lhe ---'-"---=' same is issuetl by ;.tbordinate officer to the Commissl:rner 'ryh r already gave clean chit to the p()lilioner, consequently direct the resp,rndernts to consider the case of the pelitioner for promotion to the post of the Asr;istan': Crmmissioner of Commercial Taxes vv thout reference to the disciplinary r:nquiry r:port of the 3'd respondent datr:d € 7.2021 i^ Rc. No. D1/34/2020 read with 1r.t respondent's Memo dated 1C.04.2124 in CCT's Ref.No.V1/79/20 17. |.A.NO:1 OF 2025 Petition tlnde r Section 151 CPC praying that in the circrrrnslances stated in the affidavit filerd ir s upport of the petition, the High Court may be pteased to direct the '1st rnd Itrrd respondents to consider the case cf th.) petitioner for promotion to the p,; st of the Assistant Commissioner of Con mercial Taxes without referen,;e tr tre Enquiry Report of the 3rd resporrdent da'ed 6.7.2021 in Rc.No.D1l34/2(r20 re,;rd with 1't respondent's Memo datr:d 1).04 2024 in CCT's Ref.No.V1/79112,1'1 7 zrrrd in view of the elaborate guidelines issLed by the 1St respondent Cioverrrrent in G.O. Ms. No. 257, (ien€ritl Administration (Services.C) Depar-lrr,;nt, dated 1 0/06/1 999 and promote the periti(,ner. Counsel for the Petil i rner : SRI B.KRISHNA REDDY Counsel for the Re:;pondents : GP FOR SERVICES-I The Court macle the, fr>llowing ORDER THE HON'BLE SRI WSTICE NAMAVARAPU RA.IESIIWAR RAO UrRIT PETITION No.6924 of 2025 ORDER: Heard learned counsel appearing for the petitioner and the learned Government Pleader for Services-l appearing for the respondentS.

2. Learned counsel appearing for the petitioner submits that the petitioner is working as a Commercial Tax Officer in the Commercial Taxes Department since May, 2012. Prior to joining in the Commercial Taxes Department, the petitioner worked in the Department of Treasuries as Assistant Treasury Officer. The petitioner deputed to work *a in the office of Project Officer, RVM (SSA Nalgonda). In the said ofhce, she was holding the post of Finance and Accounts Ofhcer from 06.09.2011 to 23.02.2012. During the said tenure, the ofhce subordinate has stolen unused cheques from her custody and ernbezzled funds to a tune of Rs.4,54,740 1-, for which, a criminal case was lodged against the petitioner and others. 2 1,,:arr c,l counsel appearing for the petitic'rler further tl-re petitioner is fully eligible ru-rd ciui Jified to submits ti'i t post of Assistalt Crrmrn iss toner of be Prc rrol o'1 to the the resPonderrts are not Comnre'rc::l Taxes' consi,Jt:rir 11 the case of the petitioner for l)ronlotir)n to the post o[ l,ss lstant Commissioner of ComnlercizLl laxes on the gJ ,l'..ir,'l that criminal proceedings are penclinq against Ho1^,ever, proc t:r'd ,ll qs / criminal Lei:rtred coupsel appeaJing for the petitioner further 4- subr.ttits tlrat the State Government has 'ranre:cl guidelines in Ci.'3.h'Is No 257 dated iO'06'1999 to c'rnsicler the cases for Promotton against v'horn c isciPlinarY of :rn Plc t ees are ren'lin5 ' As Per proceedings 10.06. 1999r the cc'mp:1 er t authority G.().lvis lio 257 dated rnlr;t lr> rsider the cases of employees aga'nst whom d.is'<:rp1. r i rry proceedings/ criminal procer:)din gs irre pending anrl pass appropriate orders as to whether 'he1 are eiigible the prc motions are fot"c ro rl tltton and the res Pon 1':a 's are not gc in i1 t:) take Place ccr'-.sicle t ing the case of petitioner for promotirl r to the post ol l\ss;L:; ant Commissioner of Commercial 'l'e*:r s in terms of But, in the instant case' I 1 J G.O.Ms.No.257 dated 10.06.1999. Therefore, appropriate orders be passed in the writ petition directing the respondents to consider the case of the petitioner for promotion to the post of Assistant Commissioner of Commercial Taxes ald pass appropriate orders in terms of G.O.Ms.No.257 dated 10.06. 1999 I I

5. Learned Government Pleader appearing for respondents has contended that the enquiry is conducted and the report is submittLd to the Government for passing appropriate orders a-rld the final order is not yet passed. However, the case of the petitioner will be considered and appropriate orders would be passed in terms of G.O.Ms.No.257 dated 10.06. 1999.

6. Having considered the rival submissions made by the learned counsel for the respective parties, this writ petition is disposed of directing the respondents to consider the case of the petitioner for promotion to the post of Assistant Commissioner of Commercial Taxe s as and when promotions take place ald pass appropriate orders in -+ terms ,rf [i.:).Ms.No.257, dated 10.06.1ggg. No o1,lsr 25 1. COSTS I):r-Ld rr g miscellaleous petitions, if a.ry, shaI stand closed //TRUE COPY// Sd/. I,I. NAGAMANI ASSISIAN'I' REGISTRAR SECTION OFFICER The Princioat S (r(iretary, Reveh'ue (CT) Department, Srrcretariat State of I elangana al l-lvrierabad, Telangana. The Com nission -.r of Con;mercial Taxes, Government of Telan ;ana, Hyderabarl The Additional C;rmmissioner (ST)/ Joint Commissioner (C--) ,A )ids Division, Hyderabad Two CCs t: GF, F OR SERVICES-|, High Court for the S;tate c,f J elangana at Hyderabad. [OIJT] One CC to SRr tl KRTSHNA REDDY, Advocate tOpUCl Two CD C)rpier; To

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5. b. SA PVL Hr HIGH COURT DATED:19106,12025 I I o E TE 4 $\s tr '1 "er ,t' $' o t! ORDER WP.No.6924 of 2025 DISPOSING I3F THE W.P WITHOUT COSTS. C \r 6