This court dismissed a writ petition filed by Divisional Engineer B. Sudarshanam, who challenged the denial of promotion to Superintendent Engineer due to pendency of an FIR, as infructuous based on counsel's submission that the cause did not survive for adjudication.
None granted; petition dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3303 ]
\
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO
WRIT PETITION NO: 21387 OF 20'17
Between:
B. Sudarshanam, S/o B. Samuel, aged 48 years, working as Divisional Engineer/MRT-Mancherial, in TSNPDCL, rio Flat No. 204, SLDC Residency Appts, Ivlancherial, Adilabad District, State of Telangana.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 o'f the Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order or Direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in denial of promotion to the petitioner for the post of Superintendent Engineer, in TSNPDCL, merely on pendency of FIR. in Cr.No. B/ACB-WKH/2015, U/s 7 and 12,'13(2). R/w 13(1)(d) of PC Act 1988, dated- 22-4-2015, without there being any Charges Memo/Charge Sheet, contrary to the terms of orders issued in G.O.Ms.No. 66 GA(Services-C) Department, dated- 30-1-1991 as illegal arbitrary and erroneous, and consequently direct the respondents herein to consider the claim of the petitioner for promotion to the post of Superintendent Engineer in TSNPDCL, in terms of orders issued in G.O.Ms.No. 66 GAD dated- 31-1-1991 which adopted by the respondents, and the analogy of orders granted by this Honble Court in W.P.No. 18026 of 2017, W.P.No.2025712017 and W.P.No. 14447 of 2017 without reference to the F.l.R dated- 22-4-2015
4
L
l.A. NO: 1 OF 2017(\ P MP. NO: 26293 OF 2017\
Petition under Section 151 CPC praying that in the c rcumstances stated in the affidavit filed ir support of the petition, the High Cour nray be pleased to direct the responden.s herein to consider petitioner candidatur: fc,r promotion to the post of Superirtendent Engineer in TSNPDCL withorrt relerence to the pendency of FlR. in lr.No B/ACB-WKH/20'1 5, U/s 7 & 12,11(rt), r/w 13(1)(d) of PC Act, 1988, datec : 22-4-2015, in terms of Orders ssuec i.r C,.O.Ms.No. 66, General Administratirrn Department, dated: 30-1-'1991, and the an;:logy of orders granted by this Hon't,le Court in W.P.M.P.No.17902 of 2017 n W.P.No. 14447 of 2017 and W.P.2025" of 2017, dated. 21-6-201 7 and.V.P. 1B)2e 12017 pending disposal of the abovt writ petition.
Counsel for the Petil ioner: SRI RAMALINGESWARA RAO K 30HITRLA KOTA
Counsel for the Reslrondent No.1 & 2: SRI ZAKIR ALI DANIS|- (l;C t:OR TSNPDCL)
Counsel for the Resl:ondent No.3: GP FOR ENERGY
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE J.SREENTVAS RAO
WRIT PETITION No.21387 of 2Ol7
ORDER:
When the matter is taken up for consideration, Sri R.Sathyanarayana Murthy, learned counsel representing Sri K. Ramalingeswara Rao, learned counsel for the petitioner fairly submits that the cause in the Writ
Petition does not survive for adjudication.
dismissed as Infructuous. No costs.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
I
SD/. K.SREERAMA MU THY ASSISTANT R
//TRUE COPY//
SECTION ICER
To,
1 One CC to SRI RAMALINGESWARA RAO KOCHARLA KOTA,AdVOCAIE [oPUC] 2 One CC to SRI ZAKIR ALI DANISH( SC FOR TSNPDCL ) IOPUCI , Two CCs to GP FOR ENERGY, High Court for the State of Telangana. [OUT] 4 Two CD Copies B N tj J P fr-
I I
HIGH COURT
DATED:28108'2023
I
(Lv AN =-c<)..,a
o \t<br>_A! e,c, o.
U,
I crl ()l
!
uJ9 o
EJ Ll4..
q
l
/
oc\1
ORDER
WP.No.21387 of 2017
DISMISSING'THE WRIT PETITION AS INFRUCTI.'OUS WITHOUT COSTS
V^#
tl'6
B. Sudarshanam
The Telangana State Northern Power Distribution Company, Ltd.
J. SREENIVAS RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
