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2025 DAILYLAW 31870 (AP)

J SANKARAIAH v. SRI KUMAR VISHWAJEET IPS

CC/4112/2024 · 2025-01-29

V Sujatha

body2025

Judgment text

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APHC010467072024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CONTEMPT CASE NO: 4112/2024 Between: J Sankaraiah ...PETITIONER AND Sri Kumar Vishwajeet Ips and Others ...CONTEMNOR(S) Counsel for the Petitioner: 1. N RANGA REDDY Counsel for the Contemnor(S): 1. G RAJU The Court made the following: 2 ORDER:- This Contempt Case is filed for willful violation of the orders passed by this Court in W.P.No.21415 of 2023 on 22.08.2023, wherein this Court passed the following order: “… Hence, following the said order and in terms thereof, this Court feels it appropriate to dispose of the writ petition by directing the respondents to consider the case of the petitioner for promotion to the post of Deputy Superintendent of Police without reference to the disciplinary proceedings pending against him and pass appropriate orders in terms of the prevailing Government Orders and in accordance with law.” 2. Respondent No.2 has filed a counter affidavit duly stating that in pursuance of the orders passed by this Court, the petitioner’s case was placed before the Departmental Promotion Committee on 27.10.2023 and after careful examination with reference to the rules and connected records, the review Committee considered the petitioner’s case for promotion as DSP (Civil) without reference to the disciplinary proceedings pending against him and in terms of prevailing Government orders, the DPC observed that five ACRs are not available in the preceding eight years as the petitioner was on Medical Leave from 10.02.2018 to 13.11.2018, in VR from 14.11.2018 to 29.11.2018 and later he was under suspension continuously from 22.03.2019 to 06.10.2021 and accordingly the same was informed to the petitioner vide Memo.Rc.No.988/G3/2023, dated 12.01.2024. The respondents have considered the case of the petitioner in pursuance of the orders passed by this Court without reference to the disciplinary proceedings pending against him, 3 but however, they rejected the case of the petitioner due to non-availability of ACRs of the last 5 years in the preceding period of 8 years, due to the reason that he was on medical leave on 2 spells and was also placed under suspension continuously from 22.03.2019 to 06.10.2021. Therefore, this Court is of the opinion that the respondents have complied with the orders passed by this Court. 3. In view of the same, Contempt Case is closed. However, the petitioner is granted liberty to challenge the Memo.Rc.No.988/G3/2023, dated 12.01.2024. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. __________________ JUSTICE V.SUJATHA Date: 29.01.2025 SCS 4 262 THE HONOURABLE SMT JUSTICE V.SUJATHA CONTEMPT CASE NO: 4112/2024 DATE:- 29.01.2025 SCS