APHC010698142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 35722/2025 Between: 1. VENDOTI VENKATAIAH, , S/O PULLAIAH, AGED 57 YEARS, O/O HEALTH ASSISTANT, GUDURU MUNICIPALITY,GUDURU, GUDURU, TIRUPATI DISTRICT- 524101 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATIVE AND URBAN DEVELOPMENT, SECRETARIAT, VELAGAPUDI , GUNTUR DISTRICT, ANDHRA PRADESH- 522237. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, ANDHRA PRADESH, VADDESWARAM GUNTUR DISTRICT-522302. ...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 o issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in contemplating to defer the case of the petitioner for promotion to the post of Sanitary Inspector on the premise of pending disciplinary proceedings initiated vide G.O.Rt.754 dated 11.10.2022 of the 1St respondent is as illegal, 2 arbitrary and violation of Article 14, 16 and 21 of Constitution of India and consequently direct the respondents to consider the case of the petitioner for promotion to the post of Sanitary Inspector without reference to the charge Memo issued vide G.O.Rt.754 dated 11.10.2022 of the 1st respondent and pass such 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 may be pleased to direct the respondents to consider the case of the petitioner for promotion to the post of Sanitary Inspector without reference to the charge Memo issued vide G.O. Rt.754 dated 11.10.2022 of the 1 st respondent and pass such Counsel for the Petitioner: 1. T V V KOTESWARA RAO 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.35722 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.754, 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 Sanitory Inspector. 2. The Petitioner was initially appointed as an Mastery on 30.01.1997 in Gudur Municipality and subsequently, he was promoted as Health Assistant in Gudur Municipality. Thereafter, Petitioner was transferred to Kavali Municipality in the year 2013. At present Petitioner is working as Health Assistant at Gudur Municipality. It is stated that now he is eligible and qualified for promotion to the post of Sanitory Inspector. While so, a Charge Memo was issued to the Petitioner vide G.O.Rt.No.754, Municipal Administration and Urban Development (Vig.III) Department, dated 11.10.2022 alleging that the Petitioner while working as Sanitory Inspector (Incharge) at Kavali Municipality, SPSR Nellore District has failed to conduct field visits to find out traders doing business 4 without valid D & O trade licences for the period 2016-2017 and submission of reports. 3. It is stated that after serving the above charge memo, the Petitioner submitted statement of defence refuting the aforesaid charge and enquiry is closed. While so, the promotion for the post of Sanitory Inspector is being considered and the apprehension of the Petitioner is that his case would not be considered for promotion in view of the disciplinary enquiry which was initiated and closed. It was in that context, the present Writ Petition was filed. 4. Having heard the respective submissions and considering the charges against the Petitioner are trivial in nature, this Court is of the opinion that the case of the Petitioner for the post of Sanitory Inspector 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 Sanitory Inspector, subject to the Petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. 5 ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ___________________ NYAPATHY VIJAY, J Date: 22.12.2025 CHS 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 56 WRIT PETITION No.35722 of 2025 Date:22.12.2025 CHS