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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY
Pasala Smithner S/o Late Franklin Raja Bushanam – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. The present Writ Petition is filed questioning G.O.Rt.No.689, Revenue (Vigilance-II) Department, dated 27.09.2024, imposing penalty of withholding three (3) annual grade increments with cumulative effect, as illegal, arbitrary and contrary to the provisions of Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 [for short “APCS (CCA) Rules, 1991”].
2. The facts in brief are as follows:
The Petitioner while working as Assistant Commercial Tax Officer in the Commercial Tax Office, Narasaraopet Circle, Guntur-2 Division was deputed to the Border Check-Post, Pondugula, Dachepalli Mandal, Guntur District, wherein he was issued a Charge Memo under Rule 20 of APCS (CCA) Rules, 1991 vide G.O.Rt.No.302, Revenue (Vigilance-II) Department, dated 02.03.2020, in which two Articles of Charges were framed.
3. The first Article of Charge was that the Petitioner along with his staff was collecting bribes/mamools from the transport goods vehicle drivers/owners at the check-post and on the day of surprise check, he was in possession of Rs.9,500/- in his table desk, for which he could not properly account for. The second Article of Charge was that Petitioner did not
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The court emphasized that strict rules of evidence applicable in criminal trials do not apply to disciplinary proceedings and that the court should not act as an appellate authority in such proceedin....
Sufficient evidence is required to uphold charges of corruption, and mere handling of money does not equate to knowledge of illicit activities.
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