The High Court directed the respondent corporation to consider the petitioner's representation for promotion within two months, without ruling on the petitioner's final entitlement to promotion benefits.
Directions to consider the representation dated 17.09.2010 and pass appropriate orders within two months.
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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.24074 of 2010
ORDER:
The writ petitioner is working as Monitoring and Evaluation Officer (for short ‘MEO’) in Andhra Pradesh Scheduled Caste Co-Operative Finance Corporation Limited. A trap was laid upon him by the Anti Corruption Bureau and on the basis of the findings therein, he was placed under suspension on 09.12.2003. Subsequently, he was reinstated on 07.09.2004. The petitioner was acquitted of the charges by the competent Court in the CC through the judgment dated 07.05.2009.
The grievance of the petitioner is that even after his acquittal in the C.C., he is not being considered for promotion to higher post though many of MEOs, who are junior to him acquired two promotions. He made a representation to the first respondent on 17.09.2010. Heard the learned counsel for the petitioner and learned Standing Counsel for the first respondent.
The petitioner, no doubt, was acquitted of the charges through a judgment dated 07.05.2009. An appeal is said to be pending before this Court. The petitioner places reliance upon G.O.Ms.No.529, General Administration (Services-C) Department, dated 9.08.2008, which is to the effect that employees who were acquitted by a competent criminal Court in the cases instituted by Anti Corruption Bureau shall be considered for promotion even if an appeal against the acquittal is pending before the appellate authority.
The question as to whether the said G.O. applies to the services in the Corporation and whether the petitioner is entitled to the benefit thereunder needs to be
considered by the respondents.
Hence, the writ petition is disposed of, directing the first respondent to consider the representation dated 17.09.2010 made by the petitioner and pass appropriate orders within two months from the date of receipt of a copy of this order. This order shall not be construed as expressing view either on the entitlement of the petitioner for being promoted or the benefit to be given thereto. There shall be no order as to costs.
_____________________________ JUSTICE L.NARASIMHA REDDY
28th September 2010 dr
2 issues framed by the court
Whether the G.O.Ms.No.529 regarding consideration for promotion after ACB acquittal applies to services in the Corporation.
Whether the petitioner is entitled to the benefit of the said G.O.Ms.No.529.
1 provisions across 1 enactments
Monitoring and Evaluation Officer
Andhra Pradesh Scheduled Caste Co-Operative Finance Corporation Limited
L. Narasimha Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
