APHC010088882026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 4882/2026 Between: 1. B SREEHARI, , S/O LATE B. VENKATAPPA, AGED 56 YEARS,OCC ASST.MOTOR VEHICLE INSPECTOR O/O THE RTO., MADANAPALLI, ANNAMAYYA DISTRICT, R/O PLOT NO.202, AMPLE TOWERS, MADANAPALLY, ANNAMAYYA DISTRICT-517325. ...PETITIONER AND 1. THE TRANSPORT COMMISSIONER, A.P., KRISHNA DISTRICT, 3RD FLOOR, NTR ADMINISTRATIVE BLOCK, P.N.BUS STATION, VIJAYAWADA, ANDHRA PRADESH- 520 013. 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 to issue an appropriate writ, order or direction more particularly one in the of Writ of Mandamus to declare the action of the nature 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.20022/15A/1/2020-14, dated 02.12.2022, 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. 20022/15A/1/2020- 14, dated: 02.12.2022, and to pass Counsel for the Petitioner: 1. POODATTU AMARENDER Counsel for the Respondent(S): 1. GP FOR SERVICES II 2. THE HONOURABLE SRI JUSTICE D RAMESH ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate writ, order or direction more particularly one in the of Writ of Mandamus to declare the action of the nature 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.20022/15A/1/2020-14, dated 02.12.2022, 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.…” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Services-II appearing on behalf of the respondents. 3. The case of the petitioner herein is that the petitioner was appointed as Assistant Motor Vehicle Inspector on 05.03.2012. The 1st respondent herein issued charge memo on 02.11.2022. Since then the disciplinary proceedings are pending against the petitioner. Hence the Writ Petition. 4. Learned Assistant Government Pleader for Services submits that the case of the petitioner would be considered in terms of G.O.Ms.No.257, dated 10.06.1999. 5. As seen from the material available on record, a charge memo vide Charge Memo No.20022/15/V1/2020-14 dated 02.11.2022 is pending against the petitioner. However, the inquiry is not completed so far. 6. In Rajeswara Reddy’s case, at para No.6, the Division Bench of Composite High Court observed as follows: “…..Since the petitioners did not complete the departmental proceedings against the respondent even after lapse of more than one and half years, the Tribunal has rightly directed consideration of the case of the respondent for promotion without reference to the pending disciplinary proceedings, and no interference is called for with the said order.” 7. Ordinarily, an employee will not be considered for promotion if disciplinary proceedings are initiated against him based on serious allegations. However, an employee cannot be denied promotion by keeping the disciplinary proceedings pending for unduly long periods. 8. The Government issued G.O.Ms.No.679 General Administration (Services-C) Department, dated 01.11.2008, and thereafter G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022, fixing timelines to conclude the inquiry. In the case at hand, the respondent authorities flouted the timelines fixed in the G.Os. For the fault on the part of the disciplinary authority, the petitioner shall not be penalized. 9. Given the facts and circumstances of the case, the Writ Petition is disposed of, directing the respondent authorities to consider the case of the petitioner for promotion in terms of in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999, if the petitioner is in the zone of consideration, without reference to the aforementioned charge memo. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. __________________________ JUSTICE D.RAMESH Date: 19.02.2026 M K K 254 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.4882 of 2026 Dated: 19.02.2026 M K K