ORDER:

Heard Sri C. Srinivas Baba learned counsel for the petitioner and the learned Government Pleader for Services-I appearing for respondents 1 and 2.

2. This is yet another case where the case of the petitioner is not being considered for promotion to the next higher post on the ground that disciplinary proceedings are pending against him.

3. Facts germane to dispose of the petition may briefly be stated as follows: The petitioner was appointed as Transport Constable in the year 1990 and thereafter he was promoted as Assistant Motor Vehicle Inspector on 19-3-2010. While he was working as Assistant Motor Vehicle Inspector at RTA Check Post, Tetagunta Village, Tuni Mandal, a surprise check was conducted on 18-01- 2014 and a sum of Rs.20,500/- was collected at the counters of Transport Check Post from drivers/cleaners of transport vehicles passing through the Check Post. Thereafter, the 1st respondent issued a charge memo dated 29-10- 2017 to the petitioner with the allegations that he has allowed habitual corruption in the Check Post by accepting illegal gratification from drivers/cleaners of the vehicles passing through the Check Post without collecting the fee amount/taxes from the violators and did not run the Check Post properly and thereby contravened Andhra Pradesh Civil Services (Conduct) Rules, 1964 and also on the ground that the petitioner has exhibited lack of integrity, devotion to duty and conduct of unbecoming of a public servant.

4. Thereafter, the petitioner is not being considered for promotion to the next higher post on the ground that disciplinary proceedings are pending against him. The said disciplinary proceedings are not concluded till now which were initiated long back in the year 2017 and after 8 years, the matter was referred to commissioner of Enquiries vide GORT 56 dated 02.03.2022. According to G.O.Ms.No.679, General Administration (Services-C) Department, dated 01-11-2008, was issued wherein a direction was given that enquiries in all simple matters are to be completed in three months and in complicated matter the enquiry should be completed within six months. Yet the enquiry against the petitioner is not concluded within the timeframe fixed in the G.O.

5. Therefore, the petitioner has filed the present petition seeking declaration in the nature of Writ of mandamus that the action of the respondents in not promoting the petitioner to the post of Motor Vehicle Inspector on account of the pendency of the disciplinary proceedings against him as illegal, unjust and violative of G.O.Ms.No.679, dated 01-11-2008 and to direct the respondents to consider the case of the petitioner for promotion.

6. The material facts of the petition are not in controversy. Admittedly, disciplinary proceedings are initiated against the petitioner and the charge reads as follows:

“That the Government Servant Sri Punnama Raju Venkataramana Rao, Asst. Motor Vehicle Inspector, RTA Check Post, Tetagunta, East Godavari District allowed habitual corruption in the check post by accepting the illegal gratifications from the drivers/cleaners of the vehicles passing through the check post and also failed to check each and every vehicle passing through the check post 8 PM on 17-01-2014 to 8 AM on 18-01-2014, without collecting the fee amount/ taxes from the violators and did not run the check post properly and thereby contravened A.P. Civil Services (Conduct) Rules, 1964.

Thus Sri Punnama Raju Venkataramana Rao, AMVI, RTA Check Post, Tetagunta, by his abovementioned acts exhibited lack of integrity, devotion to duty and conduct unbecoming of a Public Servant and thereby contravened Rules 3(1) & (2) of A.P.C.S (Conduct) Rules, 1964.”

7. Now the main grievance of the petitioner is that the respondents are not considering the case of the petitioner for promotion only on the ground that the above disciplinary proceedings are pending against him.

8. In the context, it is relevant to note that the Government issued G.O.Ms.No.679, dated 01-11-2008,