APHC010103312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5271/2025 Between: T Ram Kumar ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. S SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “…to issue an appropriate writ, order or direction more particularly one in the nature in WRIT of MANDAMUS aggrieved by the action of the Respondent in not considering Petitioner’s case for promotion to the post of Municipal Commissioner Grade-I which is highly illegal, unjust, arbitrary and contrary to law and violations of Principles of Natural Justice and contrary to Articles 14, 16 and 21 of Constitution of India and consequently direct the 2nd Respondent to forthwith consider Petitioner's case promotion to next level cadre post of Municipal Commissioner Grade-I as per G.O.Ms.No.257 General Administration (SER.C) Director Dated 10.06.1999 and as per law without referring the pending Departmental proceedings vide Go Rt No.82, Dated 07.02.2025 of 1st Respondent and to pass such other order or orders.…” 2. Heard Sri S.Srinivasa Rao, learned counsel for the petitioner and learned Government Pleader for Service-I appearing on behalf of the respondents. 3. A charge memo was issued on 07.02.2025, vide G.O.Rt.No.82, Municipal Administration and Urban Development (vigilance-II) department, to the petitioner framing two Articles of Charges. As per Annexure-I, Charge-I is levied alleging that the petitioner has misplaced four Demand drafts, pertaining to the beneficiaries of PMAY NTR Nagar housing scheme and Charge-II is that he had exhibited lack of integrity, devotion to duty, conduct 3 and unbecoming of a member of service and thereby contravened Rule 3 of A.P.C.S(Conduct) Rules,1964. 4. Learned counsel for the petitioner states that charge memo was issued when the petitioner’s case was under consideration for promotion to the post of Municipal Commissioner Grade-I and he would urge that it would suffice, if a direction be given to the respondents to consider his case for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 5. Learned Government Pleader for Services-I did not refute the submissions of the learned counsel for the petitioner. 6. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, with the consent of both the counsel, at the stage of admission, directing the respondents to consider the petitioner’s case for promotion to the post of Municipal Commissioner Grade-I in terms of G.O.Ms.No.257, dated 10.06.1999, if the petitioner is in the zone of consideration and fulfills all requisite qualifications. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date: 04.03.2025 KBN 4 34 THE HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.5271 of 2025 Date: 04.03.2025 KBN