High Court · 2025

;iliafrftt$lt*.sl,rlrifr trffit,*lg-g,[t?i;ffi Petition under Articte 226 of the Constitution of tndia ,.r;ff:[:ir,fT;: circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order direction more particurarry one in the nature of writ of MANDAMUS- :::, A) By decraring by the action of the respondents, particurarry the action of the respondents 2 to 4 in not considering the case of the petitioner for promotion notionary in the cadre of office superintendent with effect from his date of reversion to the rever of Senior Assistant despite of discharging from the criminar proceedings in cc. No. 3136 ot 2021 , despite of making severar representations such as dated 24101t2024, 2510112024, and 22to2t2024 and 07t1112O24 is as highty iilegat, arbitrary, unjust, colorable exercise of power, violative of all principles of natural justice and contrary to varioius judiciar prononucements apart from being contrary to Articres 14 and 16 of the constitution of rndia. B) And consequently direct the respondents to forthwith consider the case of petitioner for grant of notionar promotion in the cadre of office Superintendent from the date of his reversion to the rever of senior ew of discharge from the criminal p'oceedinJs in CC No' with all consequential benefrts srlch as ;enioirty and Assistart i ttt r 3136 o' :,i [ 21 other allre J ce nefits Petition ur ('€'r "i'rcu lA No:J oF 2025 r - - ( ''^lion 151 cPC praying that in the circums ances stated in the affidavit frl:,cx if :;upport of the petition, the High court ntay rre pleased to direct the respo^d3iris to forthwith grant notionar promotion in the cadere of Office Superintenderr ' from the date of his rdversion to the le rel of Senior Assistant, in viert, o1 rrischarge from the criminar proceedi'rgs in c 3 No 31 36 of 2021 by duly r:orr;tdering represehtations made by the cetitioner on 24 t 01 I 2024,25 t O 1 I it 02 t' 22t O2t2O24 and d ated 07 I 1 1 12024 counsel "'r,Xi $illf X;'io**,rr*o vENKATESwARA sARMA iANGA RAJU Counsel for Responcrernts: GP FOC HOME The Court made the lollowing: ORDER 1 :..\ THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESIIWAR RAO WRIT PETITIO N No.8O44 of 2025 ORDER: IN The present Writ petition is filed for the following relief: "To declare the action of the respondents. particularly the action of the respondents 2 to 4 in not considering the the petitioner for case of promotion notionallg cadre of Offce Supeintendent u,titlt effect from his date of reuersion to the leuel orf Senjor Assiis from the ciminat 0,.".ffi'"I*;:ff:T;:'"; 2021, despite of making seueral representations such as date; 24/ot/2024, 25/01/2o24, and 22/ 02/ 2024 and O7/ I t / 2024 is as highlg illegal. And consequentlg direct the respontlents to forthuith consider the case of petitioner for grant of notional promotion in the cadre of Office Supeintendent from the date of his reuersion to the leuel of Senior Assrsrant uith a consequential benefits such as senioitg and other altied benefits and. pass..."

2. Heard Sri G.S.R.K.V. Sarma, learned counsel for the petitioner altd learned Government pleader for Home for respondent Nos. I to 4.

3. Learned counsel for the petitioner submits that the petitioner was initially appointed as a Junior Assistant on

29.O1.1999 ald subsequently promoted to the posts of Senior i 'j \, -r ) r- r' 1 )r) 14 and 2 the Petitrtln'et CPO, Cybera'lad Assistant l-r'tl l Office SuPerintendent 12.O7 .2O lt\ r : sPectivelY' However' SuPerintr''rrlr't I : o his substantive Post as the resPtlndr:n1-s reverted a llen or \ssistant' vr,ith immediate effect lrom the pos: of Office vide DIG orders R'O No'1198"20 9' dated 02.O3.2O)() l he authorities'without grvrng any ,)PP rrtunitY to the petitlorrt:r- and without going into the facts o{ cri lina'l case registerecL r:5,rLinst the petitioner in Crime Nc 93 t of 2016 registererl irr Uppal PS' 'Rachakonda Police Corrm ssionerate' which u'zLs l'itsed on aconfession statement cf Al in Lhrs case' 3(i) -:arned counsel for the petitioner furtl'er submits that tk.r: retitioner was promoted to the pos ' of Oflice Superir t-err le nt and posted to CPO Siddipet' virle D G order Rc' No.31?'rE.1 13 lHRl20i8-19' dated 13-06-20 19' The issue pertain L'rg l) 3titioner's involvement in Crinre l"lo ! 3 I of 2016 was ve:\' rlr tch in the knowledge of respondents Consequent upon pt:til.,ir-rer's reversion to the post of Slenior l'ssistant' he was pl r c,etl Lrnder suspension by the Commissior er of Police' cyberabari. vide Order D.O. No' :77 12020 (Rc' No.B2/o.\,,(:y,b/2o2O) dated 06.04.2020 for his in,,olvement in a crimr na I r.,r se. 3 3(i0 Learned counsel for the petitioner further submits that the II Addl. Junior Civil Judge-cum-Add1. Metropolitan Magistrate, Uppal at LB Nagar, passed its Order dated 17 .11.2023 in Crl.MP.No .677 / | of 2023 in C.C.No.3136 of 2O2l by discharging the petitioner/Accused No.6 for the offences under Sections 409, 419, 42O,"468, 471, 474, l2O-B and 2Ol IPC. Immediately after petitioner's discharge from the said criminal case, he informed the said fact to the respondents arld submitted his representatibns dated 24.01.2024, 25.01.2024,

22.02.2024 and 07.11.2024 requesting the respondents to consider his promotion to the post of Ofhce Superintendent with retrospective effect i.e. from the date of his reversion. However, his representations had not been considered by the respondents till date. Accordingly, prayed to allow the Writ Petition.

4. On the other hald, learned counsel for respondents on instructions, submits the rule position for effecting promotions as follows: a) G.O.Ms.No.424 Gen.Admn.(Ser.C) Department, dated

24.O5.1976 (ii) An olhcer whose record is such that he would not be \ ---.1 - .1 4 p'orn.rted, irrespective of the allegation s/ <: ha rl1es lr:rc!e- r:nquiry, trial or investigation, and (iii) An o.li,:er whose record is such that hr: rvould have t,r:r'n :romoted had he not been facing. en,lurrir, trial cr inve stigation, in respect of charges whi:h. f held p r-ov,r i rvould be sufficient to superseCe him. (b) G.O \lsr.lic 257 Genl.Admn. (Ser.C) Depaltmenr. dated 1P.Qr] . 1r't<;3 "Offirr,:r,. it-r respect of ri,hom prosecutio. for , criminal charlJe 1-. p ending." As pt'- t1- r: above rule position, the petitiorLer is n( t eligible for promoticrl tc the rank of Ofhce Superintenrlent as the case is grave in r riiture, and also involving rrLoral tr trpitude. Therefore, rn view of the above factual posit on and circumstar.,t(:s ,:rplained, prayed to dismiss the Wrif Perition

5. In vi :r,, c I the rival submissions made bv the learned counsel for' :e;cective parties, this Couit is of thr: ccnsidered view that r;ir'.c : the petitioner is discharged fr<;m thr: criminal charges b,,' I re II Addl. Junior Civil Judge crLm Addl. Metropolitan \,1:igistrate, Uppal at LB Nagar, vide i.s Order dated 17. .. I l2().2:l in Crl.MP.No .677 I I of 2023 in (1.C. No.3136 of 2021, th: rest,ondent authorities are directed to ,:onr;ider the w*'rME:T.? 5 case of the petitioner for grant ol notional promotion in the cadre of Office Superintendent from the date of his reversion to the level of Senior Assistalt with a1l consequential benefits such as seniority and other allied benefits, if he is otheruise eligible and pass appropriate orders ih accordance with law, within a period of eight (08) weeks from the date of receipt of a copy of this Order.

6. Accordingly, this Writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaleous applications pending, if arry, in this Writ Petition, shall stand closed. //TRUE COPY// Sd/- A. SREENIVASA REDDY S ISTANT REGISTRAR SECTION OFFICER '1. The Principal Secretary, Home Department, Stat o Telangana Secretariat 2 1 4 B uildings, Hyderabad District The Director General of Police , State of Telangan The Deputy lnspector General of Police, Hydeiabad Range, Hyderabad The Commissioner of Pol ice, Cyberabad Cbmmissionerate, Gachibowli, Tela nga CC loPUcI Two CCs^to GP For Home ,High Court for the State of Telangana. [OUT] Two CD Copies na State to Sri Sivaradhakrishna Venkateswara Sarma Ganga Raju Advocate Lakdikapool, Hyderabad

5. One To, 6 7 IMBC 5 I HIGI{ COURT RRN,J DATED: 201OG12025 (',,'- t I 4 ,tit, 7y,y; l 'v I ,'i ORDER WP.No.80 44 of 2025 I,Q (9: S,.tr- 6-ntr DISPOSTNG OF THE WRIT PETITION WITHOUT COSTS