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TMI Blog2021 (7) TMI 1103X X X X Extracts X X X X X X X X Extracts X X X X ..... r 2019-20. Though application for vacating the interim order passed inI.A.No.2 of 2018 in W.P.No.16392 of 2018 was filed, for reasons which may not detain us, the said application has not been disposed of and, therefore, the interim order passed earlier continues to remain in force. In view of suspension of disciplinary proceeding initiated vide G.O.Rt.No.1074 dated 02.11.2016, this Court, vide order dated 13.05.2020, in I.A.No.1 of 2020 in W.P.No.8628 of 2020, directed the respondents not only to consider the case of the respondent/writ petitioner but also to effect promotion to the post of Joint Commissioner of State Tax expeditiously. The order dated 13.05.2020 was not assailed in any for - Appeal dismissed. - WRIT APPEAL No.335 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on order was issued by the Special Chief Secretary to Government, Revenue (Vigilance.II) Department, in G.O.Rt.No.1074 dated 02.11.2016, proposing to hold enquiry against the respondent/writ petitioner, who, at the relevant point of time, was working as Assistant Commissioner (Commercial Tax) LTU, No.II Division, Vijayawada and enclosing thereto, amongst others, the articles of charge, in terms of Rule 20 of the CCA Rules. In the articles of charge, it is stated that the respondent/writ petitioner had committed grave irregularities in grant of refund of tax to the tune of ₹ 11,22,64,773/- in respect of M/s. Gayathri Project (P) Ltd., for the period from 2007-08 and 2008-09 causing loss to the public exchequer and correspondingly allow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s a case made out on behalf of the petitioner. Therefore, without interdicting the whole procedure, this Court is of the opinion that the interest of justice would be served if one post of Joint Commissioner of Sales Tax is kept pending for a period of two weeks from today to enable the learned Government Pleader to get appropriate instructions and also to file affidavit of the respondents. 6. Thereafter, on 13.05.2020, this Court passed the following order: Learned counsel for the petitioner submits that as per the orders granted by this Court in the earlier writ petition No.16392 of 2018, as per the seniority, the case of the petitioner was considered for promotion and included in the list of promotions and deferred only on the grou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It is submitted that an application for vacating the order of stay passed in W.P.No.16392 of 2018, was filed and, therefore, the course of action taken by the appellants, cannot be faulted with. 10. Learned counsel for the respondent/writ petitioner, while supporting the impugned order, has placed reliance in the case of State of Punjab and others v. Chaman Lal Goyal, reported in (1995) 2 SCC 750 and State of A.P. v. N. Radhakishan, reported in (1998) 4 SCC 154. 11. We have considered the submissions of the learned counsel for the parties and perused the materials on record. 12. The letter dated 19.11.2016, as noted in the order dated 01.05.2018 passed in I.A.No.2 of 2018, is a letter from the Commissioner of Commercial Taxes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In State of A.P. v. N. Radhakishan(supra), the Hon ble Supreme Court was considering whether delay had vitiated disciplinary proceedings. Ratio of the said case is not attracted in the facts and circumstances of the present case. 17. The learned single Judge had noted in the course of the order that, in identical set of facts, a number of Writ Petitions including W.P.No.18842 of 2017, were filed questioning the initiation of departmental proceedings and in all such Writ Petitions, this Court had stayed further proceedings. 18. It is admitted position that the name of the respondent/writ petitioner was included in the panel of Deputy Commissioner of State Tax, for promotion to the post of Joint Commissioner of State Tax for the pan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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