Date of reserved for orders : --- Date of pronouncement : 09.07.2026 Date of uploading : APHC010337862026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE 9th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18211/2026 Between: 1. A.VENKATARAO,, S/O LATE RAMARAO, AGED ABOUT 61 YEARS, MUNICIPAL COMMISSIONER GR.LL, PRESENT WORKING AS MUNICIPAL COMMISSIONER, TUNI MUNICIPALITY, TUNI, EAST GODAVARI DISTRICT- 533401. ...PETITIONER AND 1. THE STATE OF A P, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELGAPUD, GUNTUR DISTRICT-522238. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, A.P. CRDA BUILDING COMPLEX, NEAR MLA QUARTERS, RAYAPUDI, GUNTUR DISTRICT-522238. ...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 a Writ order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondents not considering the petitioner claim for promotion to the 2 post Municipal Commissioner Grade-1 without reference to the charge memo issued by the 1st respondent vide G.O.Rt.No. 1468 M.A.(E2) dated 04.11.2003 (the issue relating to 2003) as per G.O.Ms.No. 257 General administration Department, dated 10.06.1999 as highly illegal, arbitrary unjust discrimination, unconstitutional and violation of Article 14 16 and 21 of the constitution of India and contrary to the orders of this Honble court and consequently direct the respondents to promote the petitioner as Municipal Commissioner Grade-1 without reference to the disciplinary proceedings against the petitioner by considering the G.O.Ms.No. 257 dated 10.6.1999 , with all consequential benefits and 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 pleased to direct the respondents to consider the petitioner claim for promotion to the post of Municipal Commissioner Grade-1 in terms of G.O.Ms.NO. 257 General Administration Department, dated 10.6.1999 pending disposal of the above Writ petition and pass Counsel for the Petitioner: 1. T V V KOTESWARA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. S PRANATHI The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.18211 of 2026 ORDER: 1. The present Writ Petition is filed to declare the action of the Respondents in not promoting the Petitioner to the post of Municipal Commissioner Grade - I on account of pendency of departmental enquiry, which arose out of the charge memo issued vide G.O.Rt.No.1468, Municipal Administration and Urban Development (E2) Department, dated 04.11.2003, as illegal and arbitrary. 2. The Petitioner was working as Municipal Commissioner Grade - II in Tuni Municipality, Tuni, East Godavari District. It is stated that now he is eligible and qualified for promotion to the post of Municipal Commissioner Grade - I. While so, a Charge Memo was issued to the Petitioner G.O.Rt.No.1468, Municipal Administration and Urban Development (E2) Department, dated 04.11.2003 alleging that the Petitioner who is working as Municipal Commissioner was involved in irregularities relating to endowment land. 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 Municipal Commissioner Grade – I is being considered and the apprehension of the Petitioner is that his case would not be considered for promotion in view 4 of the pendency of the disciplinary enquiry. It was in that context, the present Writ Petition was filed. 4. Having heard the respective submissions, this Court is of the opinion that the case of the Petitioner for the post of Municipal Commissioner Grade - I can be considered for promotion in terms of G.O.Ms.No.257, dated 10.06.1999. 5. The Writ Petition is disposed of with following directions:- i) The Respondents are directed to consider the Petitioner’s case for promotion to the Post of Municipal Commissioner Grade - I subject to the Petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 09.07.2026 chs Whether the order is: Speaking ✔ Reasoned Reportable Non-reportable ✔ 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 106 WRIT PETITION No.18211 of 2026 Dated:09.07.2026 chs