APHC010703242025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36328/2025 Between: 1. K PRABHKAR RAO, AGED ABOUT 47 YEARS S/O KAKANI JEEVARATHNAM, ASSISTANT MOTOR VEHICLE INSPECTOR, O/O. REGIONAL TRANSPORT OFFICE, GUDUR, TIRUPATHI DISTRICT - 524101. 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, (T, R AND B) A.P SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 522237 2. THE TRANSPORT COMMISSIONER, GOVERNMENT OF ANDHRA PRADESH, PANDIT JAWAHARLAL NEHRU BUS STATION, VIJAYAWADA, A.P., 520002 Petition under Article 226 of t circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the inaction of the Resp the Petitioner to the next higher post, i.e., Motor Vehicle Inspector, on par with his immediate Junior as the Disciplinary Proceedings pending against the Petitioner, because of which he was not considered for the said promotion, were set aside by the 1st and consequently direct the Respondents to consider the said promotion of the Petitioner forthwith and to pass IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36328/2025 K PRABHKAR RAO, AGED ABOUT 47 YEARS S/O KAKANI JEEVARATHNAM, ASSISTANT MOTOR VEHICLE INSPECTOR, O/O. REGIONAL TRANSPORT OFFICE, GUDUR, TIRUPATHI 524101. ...PETITIONER AND THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, (T, R AND B) A.P SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 522237 THE TRANSPORT COMMISSIONER, GOVERNMENT OF ANDHRA PRADESH, PANDIT JAWAHARLAL NEHRU BUS STATION, VIJAYAWADA, A.P., 520002 ...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 issue any Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the inaction of the Respondents in not promoting the Petitioner to the next higher post, i.e., Motor Vehicle Inspector, on par with his immediate Junior as the Disciplinary Proceedings pending against the Petitioner, because of which he was not considered for the said promotion, Respondent vide G.O. Rt. No. 267 dated 30.08.2024 and consequently direct the Respondents to consider the said promotion of the Petitioner forthwith and to pass IN THE HIGH COURT OF ANDHRA PRADESH [3460] THE THIRTIETH DAY OF DECEMBER THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY K PRABHKAR RAO, AGED ABOUT 47 YEARS S/O KAKANI JEEVARATHNAM, ASSISTANT MOTOR VEHICLE INSPECTOR, O/O. REGIONAL TRANSPORT OFFICE, GUDUR, TIRUPATHI ...PETITIONER THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, (T, R AND B) A.P SECRETARIAT, VELAGAPUDI, THE TRANSPORT COMMISSIONER, GOVERNMENT OF ANDHRA PRADESH, PANDIT JAWAHARLAL NEHRU BUS STATION, ...RESPONDENT(S): he Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be issue any Writ, Order or Direction more particularly in the nature of ondents in not promoting the Petitioner to the next higher post, i.e., Motor Vehicle Inspector, on par with his immediate Junior as the Disciplinary Proceedings pending against the Petitioner, because of which he was not considered for the said promotion, Respondent vide G.O. Rt. No. 267 dated 30.08.2024 and consequently direct the Respondents to consider the said promotion of 2 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 promote the Petitioner in the existing vacancy on temporary basis pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. T KOTESWARA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES II 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36328 of 2025 ORDER: The present Writ Petition is filed questioning the action of the Respondents in not considering the Petitioner for promotion to the post of Motor Vehicle Inspector on par with his junior, as illegal and arbitrary. 2. The Petitioner was working as Senior Assistant, was issued a charge memorandum on 15.10.2010 with regard to certain allegations regarding his educational qualifications. Pursuant to the enquiry, a punishment of withholding of increment by one year was imposed by the disciplinary authority on 02.05.2024. In the statutory appeal filed under Rule 33 of Andhra Pradesh State and Subordinate Service Rules, the appellate authority exonerated the Petitioner for all the allegations and dropped further action vide G.O.Ms.No.267, Transport, Roads & Buildings (VIG-Tr[2]) Department, dated 30.08.2024. 3. In that view, as the departmental proceedings were dropped against him, the Petitioner is seeking for promotion on par with his junior, to the post of Motor Vehicle Inspector. A representation was also given to that effect, latest being dated 02.07.2025. 4 4. Learned Assistant Government Pleader for Services appearing for the Respondents would submit that the representation of the Petitioner would be considered and appropriate decision will be taken as expeditiously as possible. 5. Heard learned counsel for the Petitioner and learned Assistant Government Pleader for the Respondents. 6. Considering the submissions, the Writ Petition is disposed of directing the Respondents to consider the representation of the Petitioner for promotion to the Post of Motor Vehicle Inspector on par with his junior, taking into consideration that the Petitioner was exonerated in the departmental proceedings vide G.O.Ms.No.267 dated 30.08.2024 and pass appropriate orders within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY 30.12.2025 MDP