Sri P. Nagendra Rao Vs The Transport Commissioner

SRI P. NAGENDRA RAO, S/O LATE SRI P. FATHERS NAME AGED ABOUT YEARS, OCC ASSISTANT MOTOR VEHICLE INSPECTOR (AMVI), PRESENTLY WORKING IN THE O/O THE DEPUTY TRANSPORT COMMISSIONER, CHITTOOR DISTRICT, R/O DOOR NO., STREET, VILLAGE/TOWN, DISTRICT

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...PETITIONER

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AND

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THE TRANSPORT COMMISSIONER, ANDHRA PRADESH, 3RD FLOOR, NTR ADMINISTRATIVE BLOCK, P.N. BUS STATION, VIJAYAWADA, KRISHNA DISTRICT - 520 013.

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, TRANSPORT. ROADS AND BUILDINGS DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT - 522 503.

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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

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High Court may be pleased tomay be pleased pleased to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Motor Vehicle Inspector on the ground of pendency of disciplinary proceedings against him vide Charge Memo NO 1470/V2/2015-3 dated 19.09.2016 as illegal arbitrary discriminatory and violative of Articles 14 and 16 of the Constitution of India and consequently direct the Respondents to promote the Petitioner to the post of Motor Vehicle Inspector without reference to the disciplinary proceedings pending against him from the date of his eligibility with all service and monetary benefits and to pass and to pass such

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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 may be pleased pleased to direct the Respondents to consider the case of the Petitioner for promotion to the post of Motor Vehicle Inspector, without reference to the disciplinary proceedings pending against him, vide Charge Memo No 1470/V2/2015-3 dated 19.09.2016 pending disposal of the above writ petition and to pass pending disposal of the above writ petition and to pass such

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Counsel for the Petitioner:

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1.N JOY

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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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THE HON’BLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION No.17824 of 2026

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ORDER:

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The present Writ Petition is filed to declare the action of the Respondents in not promoting the Petitioner to the post of Motor Vehicles Inspector (MVI) on account of pendency of departmental enquiry, which arose out of the charge memo issued vide G.O.Rt.No.214, TR&B (Vig.Tr.) Department, dated 02.08.2023, as illegal and arbitrary.

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The Petitioner was working as Assistant Motor Vehicles Inspector (AMVI) in Zone-IV in the office of DTC, Chittoor District. It is stated that now he is eligible and qualified for promotion to the post of Motor Vehicles Inspector (MVI). While so, a Charge Memo was issued to the Petitioner vide G.O.Rt.No.214, TR&B (Vig.Tr.) Department, dated 02.08.2023 alleging that the Petitioner who is working as Assistant Motor Vehicles Inspector (AMVI) was caught collecting bribes from drivers of goods vehicles in a surprise check conducted on the intervening night of 24/25.03.2015 at RTA Check Post, Penukonda.

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It is stated that after serving the above charge memo, the Petitioner submitted statement of defence refuting the aforesaid

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charge and enquiry is stated to be pending. While so, the promotion for the post of Motor Vehicles Inspector is being considered and the apprehension of the Petitioner is that his case would not be considered for promotion in view of the pendency of the disciplinary enquiry. It was in that context, the present Writ Petition was filed.

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

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The Writ Petition is disposed of with following directions:-

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i) The Respondents are directed to consider the Petitioner’s

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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.

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ii) There shall be no order as to costs.

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As a sequel, miscellaneous petitions, pending if any, shall

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stand closed.

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________________________ JUSTICE NYAPATHY VIJAY

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Date: 06.07.2026 KLP