9911796707
TMI Blog2021 (7) TMI 1103X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent. 2. This appeal is directed against an order dated 20.08.2020 passed in W.P.No.10660 of 2020, whereby, the learned single Judge, while setting aside Memo No.REV-03-17030/1/2020/D SEC-CCT (Revenue Commercial Tax-I) Department dated 27.05.2020, issued by the Special Chief Secretary, Revenue (Commercial Taxes-I) Department, directed the appellants herein to implement the order dated 13.05.2020 passed by this Court in W.P.No.8268 of 2020. 3. The Special Chief Secretary to Government, Revenue (Vigilance.II) Department, issued G.O.Ms.No.466 dated 02.11.2016, in exercise of powers conferred under Sub-Rule (1) and (2) of Rule 24 of the Andhra Pradesh Civil Services (Classification, Control & Appeal) Rules, 1991 (for brevity "the CCA R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the State of Telangana and the State of Andhra Pradesh, by filing a petition under Article 226 of the Constitution of India, which was registered as W.P.No.16392 of 2018. An interim order was passed on 01.05.2018 in I.A.No.2 of 2018, suspending G.O.Rt.No.1074 dated 02.11.2016. The said order reads as follows: "In the light of the interim order granted by this Court in a similar writ petition, W.P.No.7240 of 2018, and the letter dated 19.11.2016 addressed by the Commissioner of Commercial Taxes, Andhra Pradesh, to the Special Chief Secretary to the Government of Andhra Pradesh holding in favour of the quasi judicial authorities who ordered refund, there shall be interim suspension as prayed for." 5. The respondent/writ petitioner, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o consider the case of the petitioner and effect the promotion to the post of Joint Commissioner of Sales Taxes expeditiously, within a period of two weeks from today." 7. Thereafter, the Special Chief Secretary, Revenue (Commercial Taxes-I) Department, passed the order dated 27.05.2020, holding that the request of the respondent/writ petitioner for effecting promotion to the post of Joint Commissioner of State Tax, was not considered feasible. 8. In the aforesaid background, the learned single Judge, taking note of the fact that there was positive direction in W.P.No.8268 of 2020 to effect promotion of the respondent/writ petitioner to the post of Joint Commissioner of State Tax, passed the order, which is assailed in the present appeal. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave refunded the disputed amounts in favour of the work contractors, pursuant to the recommendations in the Vigilance Reports of DG, till a final decision is taken by the High Court of Judicature at Hyderabad with regard to the correctness or otherwise of the revision orders of the Commissioner (CT), A.P., or to issue new directions to the Commissioner of Commercial Taxes, A.P. 14. The respondent/writ petitioner retired on 30.06.2020. 15. In Chaman Lal Goyal(supra),while a disciplinary proceeding was pending in the facts of the case, the Hon'ble Supreme Court directed the authorities to consider the case of the employee for promotion without reference to and without taking into consideration the charges or the pendency of the proceeding a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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