S. Nageswara Rao v. The State of Andhra Pradesh

Andhra Pradesh HC14 Jul 2026WP/18222/2026

Case brief

AI extract

What is this about?

Writ Petition dismissed as withdrawn with liberty to challenge impugned proceedings before appropriate forum; disciplinary proceedings against 5th respondent (Deputy Transport Commissioner) not concluded before superannuation 31-07-2026; Rule 8 Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules 1991; G.O.Ms.No.41 dated 18.04.2021; G.O.Ms.No.91 dated 12-09-2022; Articles 14, 21, 226 Constitution of India; Section 151 CPC; representation dated 24.02.2026; no order as to costs; speaking, non-reportable; Justice Nyapathy Vijay; High Court of Andhra Pradesh at Amaravati; 2026.

What did the court decide?

Liberty to the Petitioner to challenge the impugned proceedings before the appropriate forum; no order as to costs; pending miscellaneous petitions, if any, stand closed. ¶39-40

S. Nageswara Rao Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Liberty to the Petitioner to challenge the impugned proceedings before the appropriate forum; no order as to costs; pending miscellaneous petitions, if any, stand closed.

¶39-40

Issue for consideration

Whether the respondents' inaction in not concluding the disciplinary proceedings initiated against the 5th respondent, despite the Petitioner's representations, is arbitrary, unreasonable and contrary to Rule 8 of the A.P. Civil Services (Classification, Control and Appeal) Rules, 1991, G.O.Ms.No.41 dated 18.04.2021 and G.O.Ms.No.91 dated 12-09-2022, and violative of Articles 14 and 21 of the Constitution of India (raised in the Petition; not adjudicated, as the Writ Petition was dismissed as withdrawn).

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Ratio / Principle

Permission accorded to the Petitioner to withdraw the Writ Petition; the Writ Petition is dismissed as withdrawn with liberty to the Petitioner to challenge the impugned proceedings before the appropriate forum; no order as to costs; pending miscellaneous petitions, if any, stand closed.

¶39-40

Detailed headnote1 paragraphs

High Court of Andhra Pradesh at Amaravati (Special Original Jurisdiction), single bench: Nyapathy Vijay, J. — Writ Petition No. 18222 of 2026, decided 15.07.2026 — Petition under Article 226 by a retired D.S.P. seeking a writ of mandamus declaring the respondents' inaction in not concluding disciplinary proceedings against the 5th respondent (Deputy Transport Commissioner) arbitrary and contrary to Rule 8 of the A.P. Civil Services (Classification, Control and Appeal) Rules, 1991, G.O.Ms.No.41, G.A. (Ser.C) Department dated 18.04.2021 and G.O.Ms.No.91 dated 12-09-2022, and violative of Articles 14 and 21, with a prayer to conclude the proceedings before the 5th respondent's superannuation on 31-07-2026; I.A. No.1 of 2026 under Section 151 CPC sought consideration of representation dated 24.02.2026 — at hearing, learned counsel for the Petitioner sought permission to withdraw the Writ Petition with liberty to challenge the impugned proceedings before the appropriate forum — permission accorded; Writ Petition dismissed as withdrawn with liberty; no order as to costs; pending miscellaneous petitions closed — marked Speaking and Non-reportable. No merits adjudication; no precedent cited or discussed.

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Date of reserved for orders : --Date of pronouncement : 15.07.2026 Date of uploading :

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APHC010322582026

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3460]

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WEDNESDAY, THE 15^th DAY OF JULY 2026

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 18222/2026

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Between:

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S. NAGESWARA RAO, S/O LATE MALLAIAH, AGED ABOUT 62 YEARS, RETD. D.S.P, RIO H.NO. 3-2-476/A-1, CHAPPAL BAZAR, KACHIGUDA, HYDERABAD - 500 023.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP., BY ITS CHIEF SECRETARY TO THE GOVERNMENT, ANDHRA PRADESH SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT- 522 238.

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THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, TRANSPORT (R AND B) DEPARTMENT, A.P. SECRETARIAT,VELAGAPUDI, GUNTUR DISTRICT - 522 238.

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THE TRANSPORT COMMISSIONER, VIJAYAWADA, N.T.R ADMINISTRATIVE BLOCK, 3RD FLOOR, PANDIT NEHRU BUS STATION, ANDHRA PRADESH, VIJAYAWADA. 520013

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THE CHIEF COMMISSIONER, O/O.A.P INFORMATION COMMISSION, MGM CAPITAL, SERVICE ROAD, CHINNA KAKANI, MANGALAGIRI, GUNTUR DISTRICT, A.P-522503.

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SRI ADIMULA M MOHAN, S/O A. SUBBA RATNAM, AGE 60

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YEARS, DEPUTY TRANSPORT COMMISSIONER, O/O TRANSPORT COMMISSIONER, PRESENTLY WORKING AT VIJAYAWADA, A.P., R/O H.NO. 18-4-55, FLAT NO. 501, SAI SURYA ENCLAVE, 2ND LINE, KEDARESWARAPET, VIJAYAWADA'(ALT PLOT NO. 521,102/1 OF SHAIKPET, ROAD NO. 86, JUBILEE HILLS, HYDERABAD - 33). 520003

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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 a writ, order or direction more particularly one in nature of writ of mandamus, declaring the inaction of the respondents in not concluding the disciplinary proceedings initiated against the 5th respondent, despite repeated representations submitted by the petitioner before the competent authorities and the continued inaction of the respondents in keeping the disciplinary proceedings pending for an indefinite period is highly arbitrary, unreasonable and contrary to the statutory mandate prescribed under Rule 8 of the Andhra Pradesh Civil Services (Classificatio n, Control and Appeal) Rules, 1991, as amended from time to time, and also contrary to the guidelines and timelines prescribed under G.O.Ms.No.41, General Administration (Ser.C) Department, dated 18.04.2021 and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondent authorities to ensure that the disciplinary proceedings against the 5th respondent is to be concluded prior to the date of his superannuation on 31-07-2026, in accordance with the timelines prescribed under G.O.Ms.No. 91, G.A. (Ser.C) Department, dated 12-09-2022, and G.O.Ms.No. 41, G.A. (Ser.C) Department, dated 18-04-2021 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 consider representation dated 24.02.2026 and Pass

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Counsel for the Petitioner:

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1.THOKA HARSHA SAI PAVAN YADAV

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Counsel for the Respondent(S):

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1.GP FOR ROADS BUILDINGS

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2.GP FOR SERVICES I

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3.KAMBHAMPATI RAMESH BABU( SC FOR AP INFORMATION COMMISSION)

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4.GP FOR TRANSPORT

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The Court made the following:

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION No.18222 of 2026

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ORDER:

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At the time of hearing, learned counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition with a request to grant liberty to the Petitioner to challenge the impugned proceedings before the appropriate forum.

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