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2025:APHC:57446

APHC010698142025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3460]

(Special Original Jurisdiction)

MONDAY,THE TWENTY SECOND DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO: 35722/2025

Between:

1. V ENDOTI VENKATAIAH, , S/O PULLAIAH, AGED 57 YEARS,

O/O HEALTH ASSISTANT, GUDURU

MUNICIPALITY,GUDURU, GUDURU, TIRUPATI DISTRICT-

524101

...PETITIONER

AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS

PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATIVE

AND URBAN DEVELOPMENT, SECRETARIAT,

VELAGAPUDI , GUNTUR DISTRICT, ANDHRA PRADESH-

522237.

2. T HE COMMISSIONER AND DIRECTOR OF MUNICIPAL

ADMINISTRATION, ANDHRA PRADESH, VADDESWARAM

GUNTUR DISTRICT-522302.

...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 tomay be pleased o issue a Writ, order

or direction more particularly one in the nature of Writ of Mandamus

declaring the action of the respondents in contemplating to defer the

case of the petitioner for promotion to the post of Sanitary Inspector

on the premise of pending disciplinary proceedings initiated vide

G.O.Rt.754 dated 11.10.2022 of the 1St respondent is as illegal,

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arbitrary and violation of Article 14, 16 and 21 of Constitution of

India and consequently direct the respondents to consider the case

of the petitioner for promotion to the post of Sanitary Inspector

without reference to the charge Memo issued vide G.O.Rt.754

dated 11.10.2022 of the 1st respondent and pass such

IA NO: 1 OF 2025

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 may be pleased to direct the

respondents to consider the case of the petitioner for promotion to

the post of Sanitary Inspector without reference to the charge Memo

issued vide G.O. Rt.754 dated 11.10.2022 of the 1 st respondent

and pass such

Counsel for the Petitioner:

1. T V V KOTESWARA RAO

Counsel for the Respondent(S):

1. GP FOR SERVICES I

The Court made the following:

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2025:APHC:57446

HON’BLE SRI JUSTICE NYAPATHY VIJAY

W.P.No.35722 of 2025

ORDER :

The present Writ Petition is filed to declare the action of the

Respondents in initiation and continuation of disciplinary

proceedings vide Charge Memo bearing G.O.Rt.No.754, Municipal

Administration and Urban Development (Vig.III) Department, dated

11.10.2022, as illegal and arbitrary and consider the case of the

Petitioner for promotion to the post of Sanitory Inspector.

2. The Petitioner was initially appointed as an Mastery on

30.01.1997 in Gudur Municipality and subsequently, he was

promoted as Health Assistant in Gudur Municipality. Thereafter,

Petitioner was transferred to Kavali Municipality in the year 2013. At

present Petitioner is working as Health Assistant at Gudur

Municipality. It is stated that now he is eligible and qualified for

promotion to the post of Sanitory Inspector. While so, a Charge

Memo was issued to the Petitioner vide G.O.Rt.No.754, Municipal

Administration and Urban Development (Vig.III) Department, dated

11.10.2022 alleging that the Petitioner while working as Sanitory

Inspector (Incharge) at Kavali Municipality, SPSR Nellore District

has failed to conduct field visits to find out traders doing business

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without valid D & O trade licences for the period 2016-2017 and

submission of reports.

3. It is stated that after serving the above charge memo, the

Petitioner submitted statement of defence refuting the aforesaid

charge and enquiry is closed. While so, the promotion for the post of

Sanitory Inspector is being considered and the apprehension of the

Petitioner is that his case would not be considered for promotion in

view of the disciplinary enquiry which was initiated and closed. It was

in that context, the present Writ Petition was filed.

4. Having heard the respective submissions and considering the

charges against