Date of reserved for orders : Date of pronouncement : 10-07-2026 Date of uploading : APHC010343752026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE 10th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18334/2026 Between: P. Venkateswara Rao, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. A RAJENDRA BABU Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2. GP FOR SERVICES I The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.18334 of 2026 ORDER: The present writ petition is filed questioning G.O.Rt.No.633 MA & UD (Vig.II) Department, dated 19.05.2026, in initiating the Departmental Proceedings by the Respondent No.1, as illegal and arbitrary. 2. The Petitioner is working as an Assistant Engineer in the Guntur Municipal Corporation, Guntur. While so, Charge Memorandums were issued vide G.O.Rt.No.125 to 128 MA & UD (Vig-II) Department, dated 23.07.2025, whereunder allegations were made with regard to false measurements and for the recommendation for excess payment to the Contractor with regard to beautification works at the Kankaragunta Railway under Bridge in Guntur. Pursuant thereto, the Petitioner submitted a Statement of Defence to the Respondent authorities. 3. Thereafter, the said disciplinary proceedings were withdrawn vide Proceedings dated 19.05.2026 vide G.O.Ms.No.99 MA & UD (Vig.II) Department. Vide G.O.Rt.No.633 MA & UD (Vig-II) Department, dated 19.05.2026, the Respondent No.1 again initiated Departmental Proceedings against the Petitioner. The pendency of the Departmental enquiry vide Proceedings dated 19.05.2026 is causing a hindrance to the further promotion of the Petitioner. Hence, the present Writ Petition. 4. The learned counsel for the Petitioner submits that the Petitioner was not in-charge of the Section which recommended and processed the amounts to the Contractor with regard to the charges alleged. It is stated that there is one more individual by the name of P. Venkateswar Rao, who 3 handled the above works, and that the Petitioner did not work in the Section during the time in which the lapses stated above were identified. 5. The learned Assistant Government Pleader submits that the Statement of Defence of the Petitioner will be considered and further action will be taken after due verification of the records. 6. In view of the submissions made, the Writ Petition is disposed of with the following directions: i) The Respondents shall consider the Written Statement of the Petitioner as to whether the Petitioner worked in the relevant section at that time, before proceeding to further, pursuant to the Charge Memorandum issued vide G.O.Rt.No.633 MA & UD (Vig-II) Department, dated 19.05.2026 ii) In the meantime, the Respondent Authorities are directed to consider the case of the Petitioner for promotion to the higher post, taking note of the Statement of Defence submitted by the Petitioner to the Charge Memorandum dated 19.05.2026 and subject to the outcome of Departmental Enquiry. iii) There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 10.07.2026 eha Whether the order is: Speaking Reasoned Reportable Non-reportable 4 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.18334 of 2026 Date: 10.07.2026 eha