1 APHC010232722026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 12280/2026 Between: 1. B UMA MAHESHWARA RAO, S/O LATE B. CHANDRA RAO, AGED 52 YEARS,OCC. ASST.MOTOR VEHICLE INSPECTOR,, O/OTHE D.T.O., RAJAMAHENDRAVARAM, E.G.DISTRICT, R/O ADITYA HEIGHTS, FLAT NO. 101, JAYA SREE GARDENS RAJAMAHENDRAVARAM, E.G. DIST. - 517325. ...PETITIONER AND 1. THE TRANSPORT COMMISSIONER, A.P., 3RD FLOOR, NTR ADMINISTRATIVE BLOCK, P.N.BUS STATION, VIJAYAWADA, KRISHNA DISTRICT - 520 013. A.P. 2. THE STATE OF A P, REP., BY ITS PRINCIPAL SECRETARY, TRANSPORT, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT - 522 503. A.P. ...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 topleased to issue an appropriate writ, 2 order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Motor Vehicle Inspector, on the ground of pendency of disciplinary proceedings against him vide Charge Memo NO.258/V2/2017-1, dated. 10.07.2019, as illegal, arbitrary.discriminatory and violative of Articles 14 and 16 of the Constitution of India and consequently, direct the Respondents to promote the Petitioner to the post of Motor Vehicle Inspector, without reference to the disciplinary proceedings pending against him, from the date of his eligibility, with all service and monetary benefits and to pass 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 the case of the Petitioner for promotion to the post of Motor Vehicle Inspector, without reference to the disciplinary proceedings pending against him, vide Charge Memo No.258A/2/2017-1, dated: 10.07.2019 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. POODATTU AMARENDER Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 ORDER: The present writ petition is filed seeking the following relief: “….pleased to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the inaction of the Respondents in denying promotion to Petitioner to the post of Motor Vehicle Inspector on the ground of pendency of disciplinary proceedings against him vide the charge memo dated 10.07.2019 as illegal and arbitrary. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents. 3. The case of the petitioner is that while he was working as Assistant Motor Vehicle Inspector, the respondents have issued the charge memo dated 10.07.2019 to the petitioner alleging that the petitioner has committed certain irregularities in physical verification of the vehicles passing through boarder check post and collected an amount of Rs.100/- from each driver on the date of surprise check. Though the above said incident has taken place in the year 2019, the respondents have not concluded the enquiry so far. Hence, the present writ petition. 4 4. The petitioner submitted a written explanation on 13.07.20220 urging the authorities to consider his case for promotion in view of G.O.Ms.No.257 dated 10.06.1999 taking into consideration the initiation of enquiry and the timing of issuance of the charge memo which was issued right before promotions and the same has not been considered. 5. Learned counsel for the petitioner has submitted that the respondents have not considered the case of the petitioner for promotion, despite his seniority and clean service record. 6. Having heard the respective submissions, this Court is of the opinion that the case of the petitioner for promotion to the post of Motor Vehicle Inspector can be considered in terms of G.O.Ms.No.257, dated 10.06.1999. 7. Accordingly, the Writ Petition is disposed of directing the respondents to consider the petitioner’s case for promotion to the post of Motor Vehicle Inspector subject to the petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999 without reference to the disciplinary proceedings pending against the petitioner and also conclude the enquiry, if any pending, in terms of 5 G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE D.RAMESH Date:04.05.2026 GK 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO:12280 of 2026 Dated:04.05.2026 GK