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2025 DAILYLAW 27100 (AP)

G. Raghunatha Reddy, v. The State of A.P

WP/19426/2025 · 2025-07-27

Nyapathy Vijay

body2025

Judgment text

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APHC010384162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19426/2025 Between: G. Raghunatha Reddy, ...PETITIONER AND The State Of A P and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. T S N SUDHAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19426/2025 The present Writ Petition is filed to declare the action of the Respondents in not considering the Petitioner claim for promotion to the post of Special Grade Municipal Commissioner without reference to the Charge Memo vide G.O.RT No.453, dated 14.05.2025 in terms of G.O.Ms.No.257, dated 10.06.1999 as illegal and arbitrary and consider the case of the Petitioner for promotion to the post of Special Grade Municipal Commissioner. 2. The Petitioner is working as Municipal Commissioner Grade-I in Bappatla Municipality, Bappatla District. It is stated that now he is eligible and qualified for promotion to the post of Special Grade Municipal Commissioner. While so, a Charge Memo was issued to the Petitioner vide G.O.Rt.No.453, dated 14.05.2025 making certain allegations. As the Respondent Authorities are not considering the case of the Petitioner for promotion to the post of Special Grade Municipal Commissioner on the ground that disciplinary proceedings are pending, the present Writ Petition is filed by the Petitioner. 3. Learned counsel for the Petitioner submits that the allegations against the Petitioner are not grave in nature. 4. Learned Assistant Government Pleader would contend that the case of the Petitioner would be considered in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. 5. Having heard the respective submissions, this Court is of the opinion that as the charges framed against the Petitioner does not appear to be serious enough apart from abnormal delay in issuance of disciplinary proceedings, the case of the Petitioner can be considered for promotion in terms of G.O.Ms.No. 257, dated 10.06.1999. 6. Following the view expressed by this Court in B. Nagesh Babu v State of A.P. 1, the present Writ Petition is disposed of in the following terms: i) The respondents are directed to consider the Petitioner’s case for promotion to the Post of Special Grade Municipal Commissioner subject to the Petitioner possessing requisite 1 Order dated 16.12.2024 in W.P.No.29618 of 2024 qualification in terms of G.O.Ms.No.257, General Administration ( Ser.C) Department, dated 10.06.1999. ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________________ JUSTICE NYAPATHY VIJAY Date: 28.07.2025 eha THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO. 19426/2025 Dated 28.07.2025 eha