Bharathi Vamshi Krishna v. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ Order or Direction more partlcularly one in the nature of Writ of Mandamus by declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Special Grade tVlunicipal Commissioner by taking into consideration of the enquiry report submitted by the enquiry officer vide Lr.No.2/KGD & SIPLY12022, dt. 6.7.2023 as considered in the case of Ahmed Shafiullah who is one of the charged officer as per the G.O.Rt.262, MA and UD dt.20.4.2022 is illegal, arbitrary and further direct the respondents to consider the case of the petitioner for promotion to the post of Special Grade Municipal Commissioner in terms of the enquiry report submitted by the enquiry officer vide Lr. Lr.No.2/KGD & STPLY/2O22, dt.6.7.2o23 as considered in the case of Ahmed Shafiullah vide GORt.201, MA and UD 10.4.2025 and also the petitioner is entitled for promotion in terms of GOMS.257, GAD dt.10.6.1999. lA NO: 1 OF 2025 Petition uncler Section 151 CpC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the responcrents not to give affect the promotions to the post of speciar Grade Municipal commissioner tifl the orders are passed by the government on enquiry report sub'nitted by the enguiry officer vide Lr.No.2/KGD & srpLyt2o22, dt. 6.7.2023 pending finat disposal of the writ petition. lA NO: 2 OF 202s Petition under Section 151 CpC praying that in the circumstances stated in the affidavit filec in support of the petition, the High Court may be pleased to direct the respondents to consider the case of the petitioner for promotion to the post of special Grade lVlunicipal commissioner as considered vide GoRt.201, MA and uD dt-10.4.2025 in the case of Ahmed shafiulah who is one of the charged officer vide G.O.Rt.262, MA & UD dt.20.4.2022. Counsel for the Petitioner: SRI P.RAGHAVENDER REDDy Counsel for the Respondents: Gp FOR SERVICES-I The Court made the following: ORDER I THE HON'BLE SRI JT'STICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.14425 OF 2025 ORDER: With the consent of both the parties, this Writ Petition is taken up for disposal, at ttre admission stage.

2. Heard Mr. P.Raghavender Reddy, learned counsel for the petitioner and learned Government Pleader for Services-I for respondent Nos. 1 and 2.

3. Learned counsel for petitioner firstlg submitted that in the year 2012, the then Erstwhile State of Andhra Pradesh issued a Notification for filling up of the Group-I post vacancies including the post of Municipal Commissioner Grade-II' Learned counsel for the petitioner secondlg submitted that the petitioner got selected and appointed as Municipal Commissioner Grade-II and posted to the then Kothagudem Municipality uide G'O'Rt'No'41, MA & UD Department, dated 2O.OL-2O18 and consequential Endorsement No.E/ 13379 l2}l8lAL, dated 22'Ol'2018 "I/as issued by respondent No.2, as such, the petitioner joined as Municipal Commissioner Grade-II in the capacity of Grade-II Municipal Commissioner. Learned counsel for the petitioner thirdty submitted that while things stood thus, the Government issued Article of Charges uide G.O.Rt.No.5O, dated O8.O2.2O22 framing the trvo charges against the petitioner, due to which, the petitioner is not promoted as Grade-I to Special Grade Municipal Commissioner.

4. Learned counsel for the petitioner fourthlg submitted that though the sarne charges are pending against other person, who is also participated in the common enquiry before the enquiry officer in terms ol G.O.Rt.262 MA & UD, dated 20.O4.2022, got promoted from Municipal Commissioner Grade-ll to Grade-I. Learned counsel for the petitioner lastly submitted that the petitioner gave explanation to the charge memo on 17.02.2022 bringing all the facts to the notice of the respondents denying the allegations made against the petitioner and the enquiry officer after conducting a detailed enquiry submitted report to the Government uide Lr.2/KGD&STPLY/2O22, dated 06.07.2023. However, no orders are passed by the Government till date.

5. Learned Government Pleader appearing on behalf of respondents submitted that the respondent authorities may be directed to consider the case of the petitioner for promotion to the post of Specia-l Grade Municipal Commissioner as per the enquiry report dated 06.07.2023 and pass appropriate orders in accordalce with law

6. Having regard to the submission made by learned counsel appearing on either side, without going into merits of the case, the respondent authorities are directed to consider the case of the petitioner for promotion to the post of Special Grade Municipal Commissioner as per G.O.Ms.No.257, GAD, dated

10.06.1999 and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of this order

7. With the above direction, the Writ Petition is disposed of. No order as to costs. Pending miscellaleous applications, if any, shal1 stand I c1o sed. ,TRUE COPY// To,

1. The Secretary, tr,4unicipal Administration Dep Hyderabad, State of Telangana' SD/.P. PONNA KRISHNA A SISTANT REGISTRAR SECTION OFFICER ent, Secretariat Buildings,

2. The commissioner and Director of Municipal Administration, AC Guards, Hyderabad.

3. One CC to SRI P.RAGHAVENDER REDDY, Advocate [OPUC] 4. Two CCs to GP FoR SERVICES-|, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD CoPies BSR GJP &d) HIGH COURT DATED:0910612025 o t- + oR THE .s i ? 0 ;ut egzl .-t -""n" ORDER WP.No.14425 o12025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS @f"Pi09 S'" \7D 6\{