K Vigneswara Lal Vs the State of Andhra Pradesh

K VIGNESWARA LAL, S/O, PENCHALAIAH AGED ABOUT 55 YEARS, OCC ASSISTANT MOTOR VEHICLE INSPECTOR, R/O SRI RAAGA ARCHID, FLAT NUMBERG1, 1ST FLOOR, MAGUNTA LAYOUT, GOMATHI NAGR, NEAR INDRAVTHI MINI FUNCTION HALL, JANASENA PARTY OFFICE OPPOSITE, S.P.S.R.NELLORE DISTRICT. ANDHRA PRADESH.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP.BY., BY ITS PRINCIPAL SECRETARY, TRANSPORT, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. AMARAVATI,522238

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THE TRANSPORT COMMISSIONER, TRANSPORT DEPARTMENT, STATE OF A.P, VIJAYAWADA.516001

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THE DEPUTY TRANSPORT COMMISSIONERNODAL OFFICER, TRANSPORT DEPARTMENT, GUNTUR.522001

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4. THE DEPUTY TRANSPORT COMMISSIONER, TRANSPORT DEPARTMENT, NELLORE .524001

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...RESPONDENT(S):

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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 an appropriate order or direction, more particularly one in the nature of a Writ of Mandamus, directing the Respondents to consider the Petitioner's case for promotion to the post of Motor Vehicle Inspector in accordance with his seniority, without reference to Charge Memo No.20024/2/V2/2021-1, dated 28.11.2023 and declare any reliance on the said charge memo as illegal, arbitrary, unjust, discriminatory, unconstitutional, violative of Articles 14, 16 and 21 of the Constitution of India, and contrary to G.O.Ms.No.257, General Administration Department, dated 10.06.1999 and pass

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IA NO: 1 OF 2026

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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 forthwith consider and dispose of the petitioners representation dated 18.04.2026 for the promotion to the post of Motor Vehicle Inspector in accordance with his seniority, without reference to Charge Memo NO.20024/2/V2/2021-1, dated 28.11.2023; and pass

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IA NO: 2 OF 2026

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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 candidature of the petitioner for the promotion to the post of Motor Vehicle Inspector in accordance with his seniority, without reference to Charge Memo NO.20024/2/V2/2021-1, dated 28.11.2023; and pass

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Counsel for the Petitioner:

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1.DASARAPALLI PAVAN KUMAR

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Counsel for the Respondent(S):

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1.GP FOR SERVICES II

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The Court made the following:

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ORDER:

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The present writ petition is filed questioning the action of the respondents in not considering the petitioner’s case for promotion to the post of Motor Vehicles Inspector in accordance with his seniority without reference to Charge Memo dated 28.11.2023 as illegal and arbitrary in view of G.O.Ms.No.257 General Administration Department dated 10.06.1999.

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Heard learned counsel for the petitioner and learned Government Pleader appearing for the respondents.

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The case of the petitioner is that while he was working as Assistant Motor Vehicle Inspector, S.P.S.R Nellore District, the 2^nd respondent - Transport Commissioner has issued a charge memo to the petitioner on 28.11.2023 relating to an incident took place on 27.01.2021 which was not acted upon by the petitioner, even after lapse of more than two years four months. The petitioner has

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submitted the explanation on 27.12.2023 stating that he was not on duty at the time of the alleged surprise check and cannot be held responsible for the acts committed by third parties in his absence. Even after lapse of more than two years four months, the respondents have not concluded the disciplinary proceedings. Hence, the present writ petition.

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The contention of the learned counsel for the petitioner is that the petitioner has submitted a written explanation on 27.12.2023 urging the authorities to consider his case for promotion to the post of Motor Vehicles Inspector in view of G.O.Ms.No.257 dated 10.06.1999, taking into consideration the initiation of enquiry and the timing of issuance of the charge memo which was issued right before promotions and the same has not been considered. Learned counsel for the petitioner further submitted that the respondents have not considered the case of the petitioner for promotion, despite his seniority and clean service record.

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Having heard the respective submissions, this Court is of the opinion that the case of the petitioner for promotion to the post of Motor Vehicles Inspector can be considered in terms of G.O.Ms.No.257, dated 10.06.1999.

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Accordingly, the Writ Petition is disposed of directing the respondents to consider the petitioner’s case for promotion to the post of Motor Vehicles Inspector subject to the petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999 and also conclude the enquiry, if any pending, in terms of G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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___________________ JUSTICE D.RAMESH

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Date:27.04.2026 GK

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THE HONOURABLE SRI JUSTICE D.RAMESH

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WRIT PETITION NO:11371 of 2026