HYDERABAD: Justice K. Sarath of the Telangana High Court directed DGP to consider the case of an assistant commissioner of police, G. Narsimha Reddy, for promotion as superintendent of police (non-cadre) in an existing vacancy, as and when promotions are effected, without reference to an FIR pending against him.
The officer had questioned the respondents for not considering his case for promotion due to a pending ACB case.
Though the FIR was lodged in 2019, no chargesheet was filed nor was government approval sought for prosecution.
V. Ravichandran, counsel for the petitioner, said that it was a well-settled principle of law that the right to be considered for promotion is a fundamental right guaranteed under Article 16 of the Constitution.
This was being defeated on the grounds of the pendency of an FIR; withholding of promotion would amount to the imposition of a penalty before the allegations were proved.
The court found at the time of affecting the promotions, the petitioner was under suspension which was why he was excluded.
