APHC010462942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23774/2025 Between: 1. A VENKATESWARLU, , S/O A.KOTAIAH, AGED 60 YEARS, OCC ASSISTANT DIRECTOR OF MUNICIPAL ADMINISTRATION, PRESENTLY WORKING AS MUNICIPAL COMMISSIONER, GUDUR MUNICIPALITY, TIRUPATI DISTRICT.( SPSR NELLORE DISTRICT). ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AT AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, STATE OF A.P, MANGALAGIRI, GUNTUR 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 an appropriate order or directions more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents not considering the petitioner claim for promotion to the post Municipal Commissioner Grade-I without reference to the charge memo vide G.O.Rt.No.756 Municipal Administration and Urban Development (Vig.lll) Department dated 11.10.2022 in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999 as highly illegal, arbitrary, 2 unjust, discrimination, unconstitutional and violation of Article 14 and 16 and 21 of the Constitution of India and contrary to the orders of this Hon'ble Court and consequentially direct the respondents to promote the petitioner as Municipal Commissioner Grade-I in terms G.O.Ms.No.257, General Administration Department, dated 10.06.1999 with all consequential benefits and 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 to direct the respondents to consider the petitioner claim for promotion to the post of Municipal Commissioner Grade - I in terms G.O.Ms.No.257, General Administration Department, dated 10.06.1999 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. T S N SUDHAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.23774 of 2025 ORDER: The present Writ Petition is filed to declare the action of the Respondents in initiation and continuation of disciplinary proceedings vide Charge Memo bearing G.O.Rt.No.756, Municipal Administration and Urban Development (Vig.III) Department, dated 11.10.2022 as illegal and arbitrary and consider the case of the Petitioner for promotion to the post of Municipal Commissioner Grade-I. 2. The Petitioner is presently working as Municipal Commissioner. It is stated that he is eligible and qualified for promotion to the post of Municipal Commissioner Grade-I. While so, a Charge Memo was issued to the Petitioner vide G.O.Rt.No.756, Municipal Administration and Urban Development (Vig.III) Department, dated 11.10.2022 alleging that the Petitioner while working as Municipal Commissioner in Kavali Municipality has failed in collection of taxes and fee, the license for the years 2015-16 and 2016-17. 3. It is stated that after serving the above charge memo, the Petitioner submitted statement of defence refuting the aforesaid charge and enquiry is stated to be pending. While so, the promotion for the post of Municipal Commissioner Grade-I is being considered and the apprehension of the Petitioner is that his case would not be considered for promotion in view of the 4 pendency of the disciplinary enquiry. It was in that context, the present Writ Petition was filed. 4. Having heard the respective submissions, this Court is of the opinion that the case of the Petitioner for the post of Municipal Commissioner Grade-I can be considered for promotion in terms of G.O.Ms.No.257, dated 10.06.1999. 5. The Writ Petition is disposed of with following directions: i) The Respondents are directed to consider the Petitioner’s case for promotion to the Post of Municipal Commissioner Grade-I subject to the Petitioner possessing requisite qualifications 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: 08.09.2025 SNI 5 239 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23774/2025 DATE: 08.09.2025 SNI