APHC010516102026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE 30th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28186/2026 Between: 1. KONNA VENKATESWARA RAO,, S/O CHINNARAO LATE , AGE 60 YEARS, PRESENTLY WORKING AS DEPUTY CITY PLANNER AT GREATER VISAKHAPATNAM MUNICIPAL CORPORATION IN THE CADRE OF DEPUTY DIRECTOR. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT WIG-I) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT. 2. THE DIRECTORATE OF TOWN AND COUNTRY PLANNING, REPRESENTED BY ITS DIRECTOR, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, MGM CAPITAL, GROUND FLOOR, NRI HOSPITAL, JUNCTION, MANGALAGIRI, GUNTUR DISTRICT, AMRAVATI. ...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 toto 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 Joint Director at 2nd Respondent Directorate of 2 Town and Country Planning in guise of the impugned Disciplinary Proceedings vide Charge Memo No 1595/2020/M1-24 Dated 20.8.2020 of 2nd Respondent, which are founded upon stale and belated allegations, and which have been kept pending for nearly eight years without appointing any Enquiry Officer or bringing the disciplinary proceedings to any logical conclusion, which is highly illegal, unjust, arbitrary and contrary to law and violations of Principles of Natural Justice and contrary Articles 14, 16 and 21 of Constitution of India and consequently direct the Respondents to forthwith consider Petitioner's case promotion to next level cadre post of Joint Director without referring the aforementioned Disciplinary proceedings vide Charge Memo No 1595/2020/M1-24 Dated 20.8.2020 of 2nd Respondent and as per law IA NO: 1 OF 2026 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 Petitioner's case for promotion to next level post of Joint Director without referring the pending Departmental proceedings vide Charge Memo No 1595/2020/M1-24 Dated 20.8.2020 of 2nd Respondent Counsel for the Petitioner: 1. S SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.28186 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondent-Authorities in not considering the case of the Petitioner for promotion to the post of Joint Director in Directorate of Town and Country Planning due to the pendency of a charge memorandum issued by Respondent No.2 vide Charge Memo No.1595/2020/M1-24, dated 20.08.2020, as illegal and arbitrary. 2. The Petitioner was initially appointed as a Tracer on 08.03.1988 in the Directorate of Town and Country Planning and subsequently promoted as Deputy Director. At present, the Petitioner is working as Deputy City Planner in Greater Visakhapatnam Municipal Corporation. It is stated that he is now eligible and qualified for promotion to the post of Joint Director. While so, a Charge Memo was issued to the Petitioner vide Charge Memo No.1595/2020/M1-24, dated 20.08.2020, alleging that the Petitioner, while working as Assistant City Planner at Vizianagaram Municipal Corporation, had allowed deviations to the approved building plans and unauthorized additional floors in violation of mandatory provisions andhe had failed to take action against the constructions made in deviation of the sanctioned plans and unauthorized constructions. 4 3. It is stated that after serving the above charge memo, the Petitioner submitted statement of defence refuting the aforesaid charge and enquiry is stated to be pending. While so, the promotion for the post of Joint Director is being considered and the apprehension of the Petitioner is that his case would not be considered for promotion in view of the pendency of the disciplinary enquiry. It was in that context, the present Writ Petition was filed. 4. Heard Sri S. Srinivasa Rao, learned counsel for the Petitioner as well as learned Assistant Government Pleader for Services. 5. Having heard the respective submissions, this Court is of the opinion that the case of the Petitioner for the post of Joint Director can be considered for promotion in terms of G.O.Ms.No.257, dated 10.06.1999. 6. The Writ Petition is disposed of, with the consent of both the learned counsel, at the admission stage, with the following directions:- i) The Respondent-Authorities are directed to consider the Petitioner’s case for promotion to the Post of Joint Director in Directorate of Town and Country Planning, subject to the Petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) 5 Department, dated 10.06.1999 taking note of the delay in conclusion of the departmental enquiry. ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 30.09.2026 chs 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 237 WRIT PETITION No.28186 of 2026 Dated:30.09.2026 chs