HIGH COURT OF ANDHRA PRADESH Vs. K V HANUMANTHA RAO

JUDGEMENT

(1.) An important question of principle relating to promotion of public servants arises in this writ appeal. The appeal is filed by the High Court of Andhra Pradesh, represented by the Registrar, administration, against the Judgment of our learned brother Gangadhara Rao, J. made in W. P. No. 7940 of 1982 on 19th January, 1983.

(2.) The facts of the case which are not in dispute are as follows: The writ petitioner Who is the 1st respondent in this appeal is a Court Master in the High Court of Andhra Pradesh, since 1975. The writ petitioner was selected and empanelled for recruitment by transfer to the post of Judicial Magistrate of the Second class. He was posted at Jammalamadugu, Cudappha District and he assumed charge of the said post on 6th March, 1981. He worked in the said post till 5th October, 1981 when, at his own request, he was reverted to the High Court service as a Court Master, as he wanted a reversion of in view of the ill-health of his wife. Other persons whose names were likewise included in the 1981 panel and who were also appointed as Judicial Magistrates of the Second class were reverted to their respective parent Departmsnts for want of vacancies. Subsequent to the reversion, the writ petitioner assumed charge of th post of Court Master, High Court of Andhra Pradesh, on 12th October, 1981. It was at that stage that the writ petitioner was served with a chargememo dated 7th December, 1981 on 28th December, 1981, in respect of certain irregularities alleged to have been committed by him during the period he worked as Judicial Magistrate of Second Class at Jammalamadugu. The inquiry was commenced on 9th March, 1982, and was concluded and the Enquiry Officer submitted his report to the High Court on 7th July, 1982. The Registrar (Administration) of the High Court of Andhra Pradesh issued a notice dated 12th August, 1982, to the writ petitioner to show cause why the penalty of withholding of two increments with cumulative effect should not be imposed upon him. Thereafter the writ petitioner submitted his explanation on 13th September, 1982.

(3.) Once again vacancies occurred in tke category of Judicail 1 Magistrates of Second Class in 1982. The petitioner felt that his promotion might be negatived on account of the pendency of the inquiry and he submitted a representation on 8th March, 1982. There in he stated that his promotion should not be overlooked merely because of the pendency of disciplinary proceedings. He submitted two more representations on 16th September, 1982 and 8th October, 1982.