1 APHC010644802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] TUESDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 1378/2025 Between: 1. CH VENKATESWARLU, S/O. CH. RAMULU, AGED 61 YEARS, OCC. MANAGER CATEGORY-11, NOW POSTED AS MUNICIPAL COMMISSIONER KOVVUR, KOVVUR MUNICIPALITY, EAST GODAVARI DISTRICT. ...APPELLANT AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (MA ANDUD), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER AND DIRECTOR, MUNICIPAL ADMINISTRATION, MANGALAGIRI, GUNTUR DISTRICT. ...RESPONDENT(S): 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 dispense with filing of the original carbon copy of the order dated 10.10.2025 passed in WP. No. 27951/2025 by Learned Single Judge of this Hon’ble Court, in the interest of justice and pass IA NO: 2 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 Permit the Petitioner to file the additional material papers proceedings Roc. No. 417632/Cl dated 03.05.2025 on to the record of the writ appeal, in the interest of justice and pass 2 IA NO: 3 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 respondent officials to consider my candidature for the promotion in terms of GO. Ms. No. 257 General Administration Department, dated 10.06.1999, in the interest of justice and pass Counsel for the Appellant: 1. J.V.PHANIDUTH Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL No.1378 of 2025 JUDGMENT:(Per Hon’ble Sri Justice Battu Devanand) This Writ Appeal has been filed against the order dated 10.10.2025 in W.P.No.27951 of 2025. 2. Heard the learned counsel for the appellant and learned Government Pleader appearing for the respondents and perused the material available on record. 3. The appellant was worked as Manager Category-II and also as Municipal Commissioner in various Municipal Corporations of East Godavari District and worked as Revenue Officer in Samalkota Municipality in the year 2018. While so, respondent No.1 issued common disciplinary proceedings against the appellant and others vide G.O.Rt.No.70, Municipal Administration & Urban Development (VIG.I) Department dated 04.02.2025 under rule-24 of Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 and a charge memo was issued to the appellant in terms of G.O.Rt.No.837, Municipal Administration & Urban Development (VIG.I) Department, dated 22.08.2025. The charges levelled against the appellant are with regard to failure on his part to collect house tax and five other taxes. Accordingly, total six charges are framed against the appellant. At that stage, 4 he filed writ petition questioning the inaction of the respondents in considering the appellant for promotion to the Municipal Commissioner Grade-III without reference to the charge memo vide G.O.Rt.No.837, Municipal Administration & Urban Development (VIG.I) Department, dated 22.08.2025. After hearing both sides, the learned Single Judge of this Court, having considered the facts and circumstance of the case and taking note of the article of charges framed against the appellant vide G.O.Rt.No.837, dated 22.08.2025 has held that writ petitioner is not entitled for consideration for his case for promotion to the post of Municipal Commissioner Grade-III without reference to the charge memo, considering the nature of the charges and accordingly, the said writ petition is disposed of directing the respondent No.1 therein to appoint an Enquiry Officer and Presenting Officer as required under APCS (CCA) Rules, 1991 as expeditiously as possible and shall ensure that the enquiry shall be concluded within a period of six (06) months from the date of receipt of a copy of that order. The learned Single Judge also directed the writ petitioner to co-operate for expeditious conclusion of the enquiry. After passing of the order dated 10.10.2025 in W.P.No.27951 of 2025, two and half months later, the present Writ Appeal is filed. 4. Learned Government Pleader appearing for the respondents, on instructions, submits that in compliance with the orders of the learned Single Judge dated 10.10.2025, the Enquiry Officer and Presenting Officer are appointed and enquiry is under process. He also submits that the 5 respondents are taking steps to conclude the enquiry within the time stipulated by this Court in order dated 10.10.2025 in W.P.No.27951 of 2025. 5. Considering the facts and circumstances of the case and submissions of the learned Government Pleader, in our considered view, as already enquiry is in progress in compliance with the learned Single Judge, we do not interfere into the order of the learned Single Judge. 6. Accordingly, the Writ Appeal is dismissed. There shall be no order as to costs. 7. However, it is made it clear that the Enquiry Officer has to complete the enquiry within the time stipulated by the learned Single Judge in writ order without fail. Consequently, miscellaneous applications, pending if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND __________________________________ JUSTICE A. HARI HARANADHA SARMA Date: 30.12.2025 VNS 6 98 THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL No.1378 of 2025 Date: 30.12.2025 VNS