APHC010453462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23869/2025 Between: 1. SRIKANTH PRADHAN, R/O,D/NO. 15-1-320/A, SAI BHAVANI NAGAR, LABOUR COLONY, PALASA POST, SRIKAKULAM, SRIKAKULAM DISTRICT.532221, 2. . N. MANIPAL REDDY,, R/O, RAJIV GANDHI NAGAR, ALLAPUR BORBANDA, BALA NAGAR, MEDCHAL DISTRICT, TELENGANA 500018. 3. GODI SANTOSH KUMAR,, R/O, D/NO.4/38/104/6, ROAD NO.6, DINABINDU COLONY, JAGADIRIGUTTA, BALA NAGAR TOWN SHIP POST, HYDERABAD, TELENGANA 500037. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, REP BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDING, AMARAVATHI. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRARION, , VADDESWARAM. 3. THE REGIONAL DIRECTORCUM APPELLATE, COMMISSIONER, MUNICIPAL ADMINISTRATION 2 VISHAKAPATNAM. 4. PALASA KASIBUGGA MUNICIPALITY, REP BY ITS COMMISSIONER, KASIBUGGA, SRIKAKULAM DISTRICT. 5. N RAMA RAO, COMMISSIONER PALASA - KASIBUGGA MUNICIPALITY SRIKAKULAM DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the impugned action of the respondents in not considering the representations made by the petitioners and not conducting enquiry against the 5th respondent is illegal and Arbitrary and consequentially direct the respondents 2 and 3 to repatriate the 5th respondent to his original post as a Sanitary inspector, Vizinagaram Municipal Corporation,forth with and to pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents 2 &3 to conduct enquiry against the 5th respondent with in a prescribed time in pending disposal of above writ petition and to pass Counsel for the Petitioner(S): 1. BAMMIDI SIDDA VENKATA SAI ARAVINDA BABU Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.23869 of 2025 O R DE R: This writ petition is filed in not considering the representations of the Petitioners to conduct an enquiry against Respondent No.5 as illegal and arbitrary. 2. The facts leading to filing of this writ petition are as under; The Petitioner No.1 is a resident of Palasa- Kasibugga Municipality, Palasa Mandal, Srikakulam District. Respondent No.5 was worked as Commissioner in Plakonda Nagar Panchayat, Parvathipuram Manyam. While so, he was arrested in two ACB cases vide F.I.R.No.06/RCT-ACN/SKL/2022 dated 21.09.2022 registered under Sections 7(d) of P.C.Act for demanding an amount of Rs.30,000/- to allot one shop of Nagar Panchayat, Palakonda and another offence vide F.I.R.No.07/RCA-ACB/SKL/2022 dated 12.10.2022 4 registered for the offence under Sections 13(2) r/w 13(1) (b) of P.C.Act, 2018 as he has acquired assets disproportionate to a tune of Rs.64,55,362/- by abusing his official position and indulging in corrupt practice. 3. It is stated also that in spite of two criminal cases against Respondent No.5, he was promoted as Municipal Commissioner, FAC additional in charge in Palasa-Kasibugga Municipality, Palasa Mandal, Srikakulam District. 4. It is the case of the Petitioners that they had given several representations dated 15.05.2025, 01.06.2025, 20.06.2025, 23.06.2025, 11.07.2025 and 18.07.2025 to Respondent Nos.1 and 2 to take appropriate action against Respondent No.5, but the same were not considered. It is further stated that 1st Respondent by order dated 25.03.2024 repatriated the 5th respondent to his original post as Sanitary Inspector, Vizianagaram. The 2nd Respondent by order dated 07.07.2025 5 appointed one G.Kanakaraju, in the place of 5th Respondent. In spite of the same, the 5th Respondent did not handover charge to G.kanakaraju. The Petitioners had given a representation on 18.07.2025 to Respondent No.2 to take appropriate action against Respondent No.5 for his continuance and refusal to handover charge to G.Kanakaraju. Respondent No.2 issued proceedings on 28.07.2025 delegating the 3rd Respondent to conduct enquiry and furnish a detailed report against the Petitioner. As no enquiry is being conducted nor any action is being taken against Respondent No.5, present writ petition is filed. 5. Learned Assistant Public Prosecutor Sri S.Raju would submit that the writ petition is misconceived as the Petitioners being third party have no locus to question the action or no action to be taken against Respondent No.5. It is also submitted that the Petitioners have filed 6 the present writ petition apparently at the interested visited elements. 6. Having heard the respective counsel, the disciplinary actions are always subject to the satisfaction of the disciplinary authority as provided under Rule 20(2) of A.P.C.S. (CCA) Rules, which reads as under: (2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehavior against a Government servant, it may itself inquiry into, or appoint under this rule, as the case may be, authority to inquire into the truth thereof. EXPLANATION:- Where the disciplinary authority itself holds the inquiry, any reference to the inquiring authority shall be construed as a reference to the disciplinary authority. 7. In view of the above, it is not open for the Petitioners to compel the disciplinary authority to initiate action against Respondent No.5. Further, the writ petition is silent as to what right of the Petitioners is affected and in the absence of any violation of vested right in favour of the Petitioners, the present 7 writ petition is wholly misconceived and is therefore dismissed. No order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 09.09.2025 KLP