Common Order:
1. Since the issue raised in the present writ petitions and the contempt cases is one and the same, they are being disposed of by this common order.
2. For the sake of convenience, the facts in W.P.No.17408 of 2025 are discussed hereunder :-
3. W.P.No.17408 of 2025 is filed declaring the action of the respondents in not issuing promotion orders to the petitioner for the post of Assistant Conservator of Forests in Multizone-I, as per his seniority and eligibility on par with his juniors, taking into account the articles of charges issued in Rc.No.7717196/2025/DA-II(ii), dated 29.05.2025, as illegal and arbitrary.
4. Brief facts in W.P.No.17408 of 2025 are as follows :-
(a) The petitioner is a direct recruitee Forest Range Officer, who was appointed on 21.06.2010 in the erstwhile Multi Zone-V. After the re-organisation of the departments and districts under the new Presidential Order, the petitioner falls under Multi Zone-I. The next promotional post for a Forest Range Officer is that of Assistant Conservator of Forests, which is a Multi-Zonal post. There are 13 vacancies available in the cadre of Assistant Conservator of Forests. To fill up these posts, the 2nd respondent called for panel information on 19.02.2025 from the subordinate officers in respect of 45 officers belonging to Multi Zone-I. In the said list, the petitioner was shown at Serial No.16 and Seniority No.18. There are 17 officers above her in the seniority list.
(b) Among the officers placed above the petitioner at Serial Nos. 1, 3, 5, 6, 9, 10, and 13 are suffering from various disqualifications such as pendency of disciplinary proceedings, punishments, and other disqualifying factors. As against 13 vacancies, and in view of the ratio of 1:3 adopted for consideration by the Departmental Promotion Committee (DPC), the petitioner's case was bound to be considered for promotion. The DPC meeting was held on 28.03.2025. As on that date, no article of charges had been issued or communicated to the petitioner in respect of any allegation. Accordingly, his case was considered by the DPC based on his seniority and eligibility, and the minutes were finalised in March 2025. Had the respondents immediately implemented the recommendations of the DPC, the petitioner would have been promoted to the post of Assistant Conservator of Forests in Multi Zone-I.
(c) While the petitioner was awaiting promotion orders based on his seniority and eligibility, to his utter surprise, he received a charge memo containing articles of charge dated 29.05.2025, which was communicated to her through the proper channel on 09.06.2025. The charges pertain to the period from 2016 to 2021, during which she worked as Range Officer, Pasra Range, Eturunagaram.
(d) The issuance of the charge memo appears to have been made solely to deny the petitioner promotion to the post of Assistant Conservator of Forests. The alleged incidents relate to the period between 2016 and 2021, whereas the charge memo was issued only on 29.05.2025. Thus, there is an inordinate and unexplained delay in initiating disciplinary proceedings. After the charge memo was communicated to the petitioner on 09.06.2025, promotion orders were issued on 13.06.2025. In the said promotion exercise, all 13 vacancies in Multi Zone-I were filled, and three officers junior to the petitioner, namely Sattaiah, A. Venkateswarlu, and Karunakarachary, were promoted.
(e) As per G.O.Ms.No.66, General Administration Department, dated 30.01.1991, unless articles of charge are issued and communicated to an employee in accordance with the applicable CCA Rules as on the date of the DPC meeting, the question of deferring or withholding her promotion to the higher post does not arise. Since no charge memo had been issued or communicated to the petitioner as on 28.03.2025, the respondents could not have legally denied her promotion.
5. On 02.07.2025, this Court passed the following interim order in W.P.No.17408 of 2025 :-
“In view of the above observations, the respondents are directed to consider the case of the petitioner for promotion to the post of Assistant Conservator of Forests and issue posting orders in Multizone-I, based on the minutes of the DPC in its Meeting dated 28.03.2025, without reference to the article of charges issued in Rc.No.7717196/2025/DA-II(iii), dated 29.05.2025. However, the same would be subject to the result of departmental proceedings.
6. This Court also passed similar interim orders in W.P.Nos.17370 of 2025 and 19326 of 2025 respectively. Since the said interim orders are not complied with, the petitioners filed C.C.Nos.2005 of 2025, 2159 of 2025 and 2272 of 2025, respectively.
7. Learned Government Pleader for Services-I filed I.A.No.2 of 2025 along with the counter affidavit seeking to vacate the interim order passed by this Court on 02.07.2025 in W.P.No.17408 of 2025 stating as follows :-
(a) Pursuant to the proceedings dated 17.02.2025 issued by the 1st respondent, panel information was called for in respect of 15 posts in Multi Zone-I, including regular vacancies for the panel year 2024–25. As per the panel information received from the concerned Circle Heads and the records available as on the date of the Departmental Promotion Committee (DPC) meeting held on 28.03.2025, the following are the details of the case pending against the petitioner:
“The CCF, Kaleshwaram, JS Bhupalpally Rc.No.3640/2024/K6, dt. 17.01.2025, has submitted report against Smt. J. Shirisha, Forest Range Officer, formerly Pasra WL Range of Eturnagaram WL Division of Mulugu District of Kaleshwaram Circle and stated that she has failed to verify the list of legitimate BL collectors for distribution of the BL-Net Revenue funds, resultant financial loss of Rs. 5,67,313.38/- to the original BL collector/beneficiaries.
Accordingly, the Chief Conservator of Forests, Kaleshwaram was requested to submit Draft Article of Charges against Smt. J. Shirisha, Forest Range Officer, vide PCCF Rc. No.771796/2025/Vig.1, Dt.14-02-2025. Draft AOC against the FRO and others are awaited from the CCF, Kaleshwaram.”
(b) Taking into consideration the facts submitted above, the DPC Committee, which convened on 28.03.2025, made a collective decision to consider the regular and arising vacancies within the panel year 2024–25, in accordance with the rules in force. Accordingly, it recommended the name of the petitioner at Sl. No. 8 against Roster Point No. 8, earmarked for ST (Women), for promotion to the post of Assistant Conservator of Forests on an ad hoc basis, duly following the Rule of Reservation under the ST category in Multi Zone-I.
(c) The Respondent No. 2, being the appointing authority, accepted the recommendations of the DPC vide PCCFS Rc.No.677265/2024/Admn.2, dated 05.04.2025, subject to the availability of vacancies, after duly examining the orders of the Hon'ble High Court of Telangana, Hyderabad, the relevant rules in force, and all other relevant records.
(d) Articles of Charge were issued to Smt. J. Shirisha, Forest Range Officer, formerly of Pasra Wildlife Range, Eturnagaram Wildlife Division, Mulugu District, Kaleshwaram Circle, vide PCCF Rc.No. 771796/2025/DA-2(iii), dated 29.05.2025, under Rule 20 of the TGCS (CCA) Rules, 1991, on the following count:
Article:- That she has grossly neglected her legitimate duties and failed to verify the list of legitimate BL collectors for distribution of the BL-Net Revenue funds, resultant financial loss of Rs. 5,67,313.38/- caused to the original BL collector/beneficiaries, thereby derogated the prestige of the Department in public and failure to maintain absolute integrity, devotion to duty, commission of an act unbecoming of Government Servant and violation of sub-rules (1) & (2) of Rule 3 of the TGCS (Conduct) Rules 1964 and the Forest code.
(e) The Charged Officer/Petitioner acknowledged the said Articles of Charge (AOC) on 09.06.2025. The Chief Conservator of Forests (CCF), Bhadradri, and the Divisional Forest Officer (DFO), Mulugu, were appointed as the Inquiry Authority and Presenting Officer, respectively, vide PCCF's Proceedings No. 771796/2025/DA-2 (I & II), dated 18.09.2025. The Inquiry Report is awaited.
(f) As per the provisions contained in Paragraph (3) of G.O.Ms.No.104, General Administration (Ser.C) Department, dated 16.12.1990, regarding the promotion/appointment of employees to higher posts while investigations into allegations against them or disciplinary proceedings initiated against them, it is stated as follows :-
".......decided that promotion/appointment by transfer to higher post of an office included in the panel, if between the date of including in the panel and the date of actual promotion, disciplinary proceedings/ Investigation/ enquiry/ trial has been taken up against such officer whose case falls under the group referred to in para 2 (iii) of the G.O. third read as mentioned in para 1 above shall be deferred, until after termination of all such proceedings.
In the event, the officer concerned is completely exonerated he should be promoted/ appointed to the post restoring him his rightful place with retrospective effect viz., with effect from the date of which his immediate junior was promoted or from the date on which he would have been promoted, has the enquiry/investigation /trial not been initiated against him, as the case may be......"
(g) As per the provisions of the said G.O., the petitioner, who was empanelled in the panel year 2024–25 for promotion to the post of ACF in Multi Zone-I, was deferred from the promotional posting orders on account of the said Article of Charge (AOC) dated 29.05.2025 issued to her, as submitted supra in Para No. 7. Consequently, promotion orders were issued to other eligible FROs of Multi Zone-I vide PCCF's Rc.No.677265/2024/Admn.2 (MZ-I) (i) & (ii), dated 13.06.2025.
(h) Further, in order to recommend suitable FROs for promotion as ACFs in place of the empanelled FROs whose promotions were deferred in view of the AOCs issued after the DPC convened on 28.03.2025, including the petitioner, necessary proposals were submitted by the 2nd respondent vide PCCF's Rc.No.677265/2024/Admn.2(v), dated 13.06.2025, to Respondent No. 1 seeking permission to conduct a Review DPC or to issue suitable orders as per the rules in force. The matter is presently under process.
(i) Articles of Charge were issued to the petitioner on 29.05.2025. Upon her complete exoneration from the said disciplinary proceedings, she will become eligible for promotion with due seniority. Until then, the petitioner must await the conclusion of the disciplinary proceedings on their merits.
(j) As per G.O.Ms.No.424, General Administration (Ser.C) Department, dated 25.05.1976, “if the officer concerned is completely exonerated, he should be promoted to the post filled on a temporary basis, restoring his rightful place in the list of promoted officers with retrospective effect.”
(k) From the above, it is evident that the petitioner is presently facing charges in the said disciplinary proceedings. As such, she must wait until the conclusion of the disciplinary case. Upon her complete exoneration from the charges framed therein, she will become eligible for retrospective promotion in accordance with G.O.Ms.No.424, General Administration (Ser.C) Department, dated 25.05.1976. Therefore, the interim order granted by this Court on 02.07.2025 is liable to be vacated and consequently, the writ petition is liable to be dismissed.
8. Learned counsel appearing for the petitioner submits that there is an inordinate delay in completing the departmental enquiry, which causes great prejudice, particularly in respect of promotions. Therefore, appropriate orders be passed in the writ petitions by directing the respondents to issue promotion orders to the petitioners for the post of Assistant Conservator of Forests in Multizone-I, as per their seniority and eligibility on par with their juniors and allow the writ petitions.
9. Learned Government Pleader appearing for the respondents submits that since the petitioners are facing disciplinary proceedings, they have to wait till the conclusion of the said proceedings. Therefore, the respondents have rightly not promoted the petitioners to the post of Assistant Conservator of Forests in Multizone-I. Therefore, the writ petitions are devoid of merit and are liable to be dismissed.
10. Heard both sides and perused the record.
11. In the instant cases, the petitioners are seeking promotion to the post of Assistant Conservator of Forests in Multizone-I. The issue pertains to the years 2016-2021, 2017, and 2019, respectively. After the lapse of several years and upon completion of the DPC proceedings, the respondent authorities issued charge memos on 29.05.2025, and 08.06.2025 respectively, whereas the promotions were given on 13.06.2025.
12. If the incidents had indeed occurred due to the negligent acts of the petitioners, and when this Court specifically questioned the respondents as to why they had waited until the completion of the DPC proceedings to initiate action, no satisfactory explanation was furnished by the respondent authorities. In a majority of service matters, incidents occur at a particular point in time, but charges are framed only after the lapse of several years. Most conveniently, as and when promotions are due, the respondents resort to such actions, which is contrary to the law.
13. In the present case, the petitioners' names were included in the promotion list as per the DPC meeting held on 28.03.2025, and thereafter the respondents have issued charge memos to the petitioners, and the same is violative of the principles of natural justice. Moreover, the incidents involve substantial financial implications. The incidents in question occurred as far back as 2016-2021, 2017, and 2019, respectively, and the department ought to have completed the proceedings expeditiously. However, there has been an inordinate delay in the present cases.
14. The stand taken by the Government Pleader in its counter affidavit is that, if the officer concerned is completely exonerated, he shall be promoted/appointed to the post by restoring his rightful place with retrospective effect, i.e., from the date on which his immediate junior was promoted, or from the date on which he would have been promoted had the enquiry, investigation, or trial not been initiated against him, as the case may be.
15. In the above circumstances, considering the substantial amount involved, the departmental proceedings shall be completed as expeditiously as possible. If the petitioners are exonerated of all the charges, they shall be entitled to promotion with retrospective effect.
16. In view of the foregoing discussion, the respondents are directed to complete the departmental proceedings as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order. If the petitioners are exonerated of all the charges, the respondents shall give promotion to the petitioners to the post of Assistant Conservator of Forests in Multizone-I with retrospective effect, provided they are otherwise eligible for promotion as per their seniority.
17. Accordingly, the writ petitions are disposed of. No order as to costs.
18. C.C.Nos.2159, 2005 and 2272 of 2025
In view of the disposal of the main writ petitions, no orders are required to be passed in the Contempt Cases.
19. Accordingly, the contempt cases are closed. As a sequel, miscellaneous applications pending, if any, shall stand closed.
