Disposed

B Siva Reddy v. the State of Andhra Pradesh

Andhra Pradesh HC25 Jul 2024WP/15984/2024

Case brief

AI extract

What is this about?

A Municipal Commissioner whose promotion was withheld pending an unfinished disciplinary inquiry sought consideration under G.O.Ms.No.257 (1999). The court disposed of the petition at admission, directing the respondents to consider his promotion per that G.O. and conclude the inquiry under G.O.Ms.No.91 (2023), without costs.

What did the court decide?

Respondents directed to consider petitioner's promotion to Special Grade Municipal Commissioner per G.O.Ms.No.257 (10.06.1999) and complete inquiry per G.O.Ms.No.91 (12.09.2023); no costs.

B Siva Reddy Vs the State of Andhra… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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OF ANDHRA PRADESH :: AMARAVATI IN THE HIGH COURT (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF JULY ■ TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15984 OF 2024

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Between:

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B. Siva Reddy, S/o Nagabhushan Reddy. Aged 61 years, Occ: Municipal of Municipal Commissioner Grade -1 O/o. Commissioner and Director Administration (CDMA). Mangalagiri, Guntur District. ...PETITIONER

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AND

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The State of Andhra Pradesh, rep by its Special Chief Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, At Amaravathi, Guntur District.

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Director of Municipal Administration, State of

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1. The Commissioner and A.P, Mangalagiri, Guntur District.

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...RESPONDENTS

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226 of the Constitution of India praying that in Petition under Article affidavit filed therewith, the High Court may the circumstances stated in the directions more particularly. an appropriate order or be pleased to issue declaring the action of the one in the nature of Writ of Mandamus claim for promotion to the post respondents not considering the petitioner without reference to the charge of Special Grade Municipal Commissioner memo vide G.O.Rt.No.544 Municipal Administration and Urban Department dated 29.09.2021 ini terms of Development (Vig.ll) Administration Department, dated 10.06.1999 as G.O.Ms.No.257, General unconstitutional and violation highly illegal, arbitrary, unjust, discrimination, Constitution of India and contrary to the of Article 14 and 16 and 21 of the and consequentially direct the respondents to orders of this Hon’ble Court

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promote the petitioner as Special Grade Municipal Commissioner^interms G.O.Ms.No.257,General Administration Department, dated^{10.06.1999with} all consequential benefits.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to consider the petitioner claim for promotion to the post of Special Grade Municipal^Commissioner in terms G.O.Ms.No.257, General Administration Department, dated 10.06.1999 pending disposal of the above writ petition. .

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Counsel for the Petitioner: SRI T. S. N. SUDHAKAR

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Counsel for the Respondent Nos.1 & 2: SRI Y.B.RAMESH,^AGPFOR

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SERVICES IV

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.15984 OF 2024

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B.Siva Reddy, S/o Nagabhushan Reddy, Aged 61 years, OCc: Municipal Commissioner Grade-l, O/o Commissioner & Director of Munciipal Administration (CDMA), Mangalagiri, Guntur District,

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... Petitioner

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Versus

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The State of Andhra Pradesh, rep. by its Special Chief Secretary, Municipal Administration & Urban Development Department, AP Secretariat, Velagapudi, Amaravati,^Guntur District and another.

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... Respondents

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Counsel for the petitioner

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: SriT.S.N.Sudhkar

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Counsel for respondents : GP for Services-IV

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:: ORDER ::

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The writ petition is filed seeking the following relief;

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“...to issue a Writ or Order more in the nature of^Mandamus in declaring the action of the respondents in not considering the petitioner’s claim for promotion to the post of Special Grade

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SRS, J wp_15984_2024

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Municipal Commissioner without reference to the charge^memo vide G.O.Rt.No.544 Municipal Administration & Urban Development (Vig.ll) Department dated 29.09.2021 in^terms of 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 & 21 of the Constitution of India and contrary to the orders of^{thisHon’ble} Court and consequently direct the respondents to promote the petitioner as Special Grade Municipal Commissioner^intermsof G.O.Ms.No.257, dated 10.06.1999 with all consequential^benefits and pass such other order...”

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Heard Sri T.S.N.Sudhakar, learned counsel for the petitioner,^and Sri Y.B.Ramesh, learned Assistant Government Pleader for Services-IV appearing for respondents Nos.1 and 2.

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Learned counsel for the petitioner would submit that a Charge Memo was issued to the petitioner vide G.O.Rt.No.544 Municipal Administration & Urban Development (Vig.ll) Department, dated 29.09.2021 (Ex.P.1). The petitioner submitted written explanation on 26.06.2023. Later, an Inquiry Officer was appointed^andissued notice vide No.l/MTMC/2024-3, dated 02.02.2024 (Ex.P.12) to^{submitafurther} written explanation. Learned counsel would submit that the Charge Memo

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SRSJ wp_15984_2024

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is of the year 2021. However, the inquiry is not completed in terms of G.O.I/ls.No.679, General Administration Department, dated 01.11.2008 and G.O.Ms.No.91, General Administration Department, dated 12.09.2023. He would submit that pending further proceedings, given, the Charge Memo Ex.P.1, the case of the petitioner is not^{beingconsidered} for promotion to the post of Special Grade Municipal^{Commissioner.}

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Learned Assistant Government Pleader for Services-IV would submit that the authorities will consider the petitioner’s case for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. Learned counsel would also submit that inquiry will be completed in terms of G.O.Ms.No.91 General Administration Department, dated 12.09.2023.

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Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, with the consent of both the counsel, at the stage of admission, directing the respondents to consider the case of the petitioner for promotion to the post of Special Grade Municipal Commissioner in terms of G.O.Ms.No.257, dated 10.06.1999 and also conclude the inquiry in terms of^G.O.Ms.No.91

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SRSJ wp_15984_2024

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General Administration (Ser.C) Department, as to costs.

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dated 12.09.2023. No order

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Miscellaneous petitions pending, if any, shall stand closed.

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To,