IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 177 OF 2025 Between: Dayam Peda Ranga Rao, S/o. Veera Venkayya, aged about 58 years, Motor Vehicle Inspector, O/o. Deputy Tranpost Commissioner, Vishakapatnam. attached to O/o. RTO Gajuwaka. ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, T, R and B (VIG.Tr) Dept., Secretariat, Velgapudi, Guntur District. 2. The Commissioner of Transport, Andhra Pradesh, Vijayawada. ...RESPONDENTS 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, to direct the Respondents to consider the case of the Petitioner for promotion as Regional Transport Officer without taking into consideration of G.O.Rt.No.l9, Transport, Roads and Buildings (Vig.Tr) Dept., dated 08/01/2024 (incident of 2016) and promote him as such by declaring the action of the Respondents in not doing the same is totally illegal, arbitrary, unconstitutional and void being violation of Arts. 14 and16 of the Constitution of India. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to consider the case of the Petitioner for promotion as Regional Transport Officer without taking into consideration of G.O.Rt.No.19, Transport, Roads & Buildings (Vig.Tr) Dept., dated 08/01/2024 (incident of 2016) and promote him pending disposal of the above writ petition. Counsel for the Petitioner: SRI K. SRINIVASA PRASAD Counsel for the Respondents No.1, 2: GP FOR SERVICES II The Court made the following: ORDER n IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY .THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 177/2025 APHC010603932024 [3331] Between: AGED ABOUT 58 YEARS, MOTOR VEHICLE INSPECTOR, 0/0. DEPUTY TRANPOST COMMISSIONER, VISHAKAPATNAM. ATTACHED TO 0/0. RTO GAJUWAKA 1.DAYAM PEDA RANGA RAO, S/0. VEERA VENKAYYA, ...PETITIONER AND 1 THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARIAT, T, R AND B (VIG.TR) DEPT. SECRETARY, VELGAPUDI, GUNTUR DISTRICT. COMMISSIONER OF TRANSPORT, ANDHRA PRADESH VIJAYAWADA. 2.THE ...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 tomay be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus, to direct the Respondents to consider the case of the Petitioner for promotion as Regional Transport Officer without into consideration of G.O.Rt.No.l9, Transport, Roads and Buildings taking (Vig.Tr) Dept., dated 08/01/2024 (incident of 2016) and promote him as such 2 by declaring the action of the Respondents in not doing the same is totally illegal, arbitrary, unconstitutional and void being violation of Arts. 14 and16 of the Constitution of India and to pass lA 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 may be pleased to direct the Respondents to consider the case of the Petitioner for promotion as Regional Transport Officer without taking into consideration of G.O.Rt.No.l9, Transport, Roads & Buildings (Vig.Tr) Dept., dated 08/01/2024 (incident of 2016) and promote him pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.K SRINIVASA PRASAD Counsel for the Respondent(S); 1.GP FOR SERVICES II The Court made the following ORDER: Heard Sri Srinivasa Prasad, learned counsel for the petitioner and Sri Sarath, learned Assistant Government Pleader for Services appeared for respondents 1 and 2. The petitioner. Motor Vehicle Inspector, office of Deputy Transport Commissioner, Visakhapatnam filed the above writ petition to declare the action of the respondents in not considering his case for promotion to the post of Regional Transport Officer due to the pendency of disciplinary proceedings vide G.O.Rt.No.19, Transport, Roads & Buildings (Vig.Tr) Department, dated 08.01.2024 (Ex.P.1), as illegal and arbitrary. 2. A surprise check was conducted by the ACB authorities over the Integrated Check Post, Purushottapuram of Itchapuram Mandal, Srikakulam 3. 3 - District on 03.09.2016. The authorities found some irregularities. The Director General, ACB recommended placing the petitioner and others before the Tribunal for disciplinary proceedings for violation of A.P Civil Services (Conduct) Rules, 1964. After examining the matter, the Government vide letter No.14/13A/ig.Tr/1/2018 (460566), dated 01.06.2018 placed the petitioner before Tribunal for disciplinary proceedings. Part-B Notes were furnished to TDP vide letter No.14/13A/ig.Tr/1/2018 (460566), dated the Secretary 28.10.2019. Thereafter, the Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal) Act, 1960 was abolished and all the cases were transferred to the Commissioner of Inquiries. The Government appointed Sri K.Venkata Rami Reddy, Member, COI as Inquiry Officer to inquire about the charges framed against the petitioner. At the bar, learned counsel for the petitioner would submit that, a notice issued by the Inquiry Officer and the petitioner attended the inquiry. However, the inquiry has not been completed so far. 4. was Learned counsel for the petitioner has confined his arguments and to direct the respondent authorities to consider the petitioner’s case for 5. urges promotion in terms of G.O.Ms.No.257 dated 10.06.1999. Learned Assistant Government Pleader for Services did not refute the said submission. 6. Given the facts and circumstances of the case, without touching the 7. merits of the matter, the Writ Petition is disposed of, at the stage of admission with the consent of both the learned counsel, directing the respondent authorities to consider the petitioner’s case for promotion to the post of case is in the zone of Regional Transport Officer, if the petitioner’s consideration, in terms of G.O.Ms.No.257, General Administration (Ser.C) 4 constituted. There shall be Department, dated 10.06.1999 whenever DPC is no order as to costs. sequel, pending miscellaneous petitions, if any, shall stand closed. As a Sd/- K TATA RAO DEPUTY REGISTRAR SECTIO^FFICER fT //true copy// Pradesh, T, R and B (VlG.Tr) To, 1, The Principal Secretary. State of Andhra Dept Secretariat, Velgapudi, Guntur District. mfTransDort Andhra Pradesh, Vijayawada. Commissioner of Transpori, rnPi in Advocate [OPUCJ CourtofAndhra Pradesh. [OUT] 2. The 3, one CC to SRI. K. SRINIVASA PRASAD for services II .High 4. Two CCs to GP 5. Three C.D.Copies nm HIGH COURT DATED:22/01/2025 ORDER of andh^^ WP.No.177 of 2025 l “i FEB 2025 &^ Current bection DISPOSING OF THE WP WITHOUT COSTS