APHC010541462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27951/2025 Between: 1. CH VENKATESWARLU, S/O. CH. RAMULU, AGED 61 YEARS, OCC- MANAGER CATEGORY-II, NOW POSTED AS MUNICIPAL COMMISSIONER, KOVVUR, KOVVUR MUNICIPALITY, EAST GODAVARI 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 of Municipal Commissioner Grade-Ill without reference to the charge memo vide G.O.Rt.No.837 Municipal Administration and Urban Development (VIG.I) Department dated 22.08.2025 (issue relating to the year 2018) in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999 as 2 highly illegal, arbitrary, unjust, discrimination and contrary to service rules apart from violation of article 14, 16 and 21 of the Constitution of India and contrary to the orders of this Honble Court and consequentially direct the respondents to promote the petitioner as Municipal Commissioner Grade-Ill 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-Ill 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: 27951/2025 ORDER: The present writ petition is filed questioning the inaction of the Respondents in considering the petitioner for promotion to the post of Municipal Commissioner Grade-III without reference to the charge memo vide G.O.Rt.No.837 Municipal Administration and Urban Development (VIG.I) Department, dated 22.08.2025. 2. The facts leading to the filing of the writ petition are as follows: The Petitioner was worked as Manager Category-II and also worked as Municipal Commissioner in various Municipalities of East Godavari District. Subsequently, the petitioner worked as Revenue Officer, Samalkota Municipality in the year 2018 i.e., from 14.05.2018 to 28.09.2018 (total period of 4 months 17 days). While so, the Respondent No.1 issued common disciplinary proceedings against the petitioner and others vide G.O.Rt.No.70 MA&UD (Vig.I) Department, dated 04.02.2025 under Rule 24 of A.P. Civil Service (CC&A) Rules, 1991 and a charge memo was issued to the petitioner vide G.O.Rt.No.837 Municipal Administration and Urban Development (VIG.I) Department, dated 22.08.2025 alleging that the petitioner has failed to collect the house tax arrears and five other charges framed against the petitioner. 3. The grievance of the Petitioner in filing the writ petition is that though the charge memorandum was issued in the month of August, 2025 denying the allegations, there has been no progress in the enquiry and no Enquiry 4 Officer or Presenting Officer were appointed by Respondent No.1 till date. Further, the Petitioner is effecting for promotion to the post of Municipal Commissioner Grade–III. 4. Learned counsel for the Petitioner by placing reliance on G.O.Ms.No.91 General Administration (SER.C) Department dated 12.09.2022, submits that the Government had framed comprehensive guidelines fixing definite time frame for expediting the process of disciplinary cases in supersession of the previous guidelines. Learned counsel for the Petitioner submits that in simple cases, the enquiry should be completed within three months and in complicated cases, the enquiry should be completed within five to six months and seeks for expeditious conclusion of the disciplinary proceedings. 5. Learned Assistant Government Pleader for Services-II would submit that further action has been initiated by Respondent No.1 for appointment of Enquiry Officer and Presenting Officer and due to certain administrative issues, there is delay, however, submitted that the enquiry would be completed as expeditiously as possible. The learned Assistant Government Pleader would submit that the G.O.Ms.No.91 would not be application to common enquiries and the time frame cannot be insisted upon. It is further submitted that the charges against the petitioner are relating financial loss as mentioned in the articles of charge and the petitioner cannot be straightaway be considered for promotion without reference to the charge memorandum. 5 6. Heard the learned counsel and taking note of the submissions made by the Assistant Government Pleader, this Court is of the opinion that the Government had issued the comprehensive guidelines for conclusion of departmental proceedings vide G.O.Ms.No.91 General Administration (SER.C) Department dated 12.09.2022. However, the time limits for conclusion of enquiry are idealistic and cannot be strictly applicable to common disciplinary enquiries. Be that as it may. The articles of charges against the petitioner are grave in nature and the petitioner cannot seek for promotion as a matter of right. The petitioner is not entitled for consideration for his case for promotion to the post of Municipal Commissioner Grade-III without reference to the charge memorandum considering the nature of charges. 7. For ready reference, articles of charges framed against the petitioner vide G.O.Rt.No.837 Municipal Administration and Urban Development (VIG.I) Department, dated 22.08.2025 reads as under: “CHARGE-I:- That the Government Servant while working as Revenue Officer, Samalkot Municipality has failed to take steps towards the collection of House Tax arrears amount of Rs. 4,25,15,312/- within the jurisdiction of the Samalkot Municipality. CHARGE-II:- That the Government Servant while working as Revenue Officer, Samalkot Municipality has failed to take steps towards the collection of 6 Shop Rents amount of Rs.22,17,717/- within the jurisdiction of Samalkot Municipality. CHARGE-III:- That the Government Servant while working as Revenue Officer, Samalkot Municipality has failed to take steps towards the collection of Water charges arrears amount of Rs.1,25,19,584/- within the jurisdiction of Samalkot Municipality. CHARGE-IV:- That the Government Servant while working as Revenue Officer, Samalkot Municipality has failed to take steps towards the collection of Vacant Land tax arrears amount of Rs.1,71,90,866/- within the jurisdiction of Samalkot Municipality. CHARGE-V:- That the Government Servant while working as Revenue Officer, Samalkot Municipality has failed to supervise his staff towards improper maintenance/not maintaining certain mandatory registers in the Samalkot Municipality. CHARGE-VI:- That the Government Servant while working as Revenue Officer, Samalkot Municipality has exhibited slack supervision over his staff viz., Revenue Inspectors and Ward Administrative Secretaries who failed to collect Property tax and water taxes.” 8. In view of the above, the Writ Petition is disposed of with the following directions: (i) The Respondent No.1 shall 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 7 concluded within a period of six (06) months from the date of receipt of a copy of this order. (ii) The Petitioner shall cooperate for expeditious conclusion of the enquiry. (iii) No order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Dated: 10.10.2025 MSI 8 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27951/2025 Dated: 10.10.2025 MSI