Constables fit to act as Head Constables as per seniority. Before he was sent for training, on account of exhibiting gross misconduct and dereliction of duty in not producing the UT Prisoners in time before the District Jail, Asifabad on the night of 30.07.2007, the first respondent and other Police Constables were placed under suspension and later they were reinstated in service pending departmental proceedings vide C.No.16/PR1/2007. During the course of departmental proceedings, the petitioner authorities promoted the juniors of the first respondent to the post of Head Constable vide proceedings dated 1.3.2011 as per the provisional seniority list prepared earlier while denying the promotion to the first respondent. In the meanwhile, the petitioner authorities concluded the departmental proceedings initiated against the first respondent and awarded penalty of Postponement of increment for two years with effect on future increments and pension besides treating the suspension period not on duty vide proceedings dated 14.03.2011. Aggrieved by the action of the petitioner authorities in not promoting him to the post of Head Constable, the first respondent filed O.A.No.9207 of 2011 before the Andhra Pradesh Administrative Tribunal. Therein he sought for a direction to the petitioner authorities herein to consider his case for promotion to the post of Head Constable without reference to the proceedings dated 15.03.2011. Before the Tribunal, it was the case of the first respondent-employee that since he was not under currency of any penalty as on the date of promotion i.e. on 1.3.2011, the petitioner authorities should not deny him the promotion to the post of Head Constable.
