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2025 Supreme(AP) 724
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY, J.
Gorantla Manjula Rani D/o Hanumantha Rao - Appellant
Versus
The State of Andhra Pradesh - Respondent
Writ Petition No. 10887 of 2025
Decided On : 05-08-2025
Advocate Appeared:
For the Appellant : Srinivasa Rao Bodduluri
Disciplinary charges must adhere to procedural fairness and clear accountability; mere lack of supervision cannot constitute misconduct without evidence of direct responsibility.
Headnote:(A) Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 - Imposition of penalty of withholding increment - Impugned order challenged on grounds of illegality and lack of reasons - The inquiry officer found no lapses on the part of the petitioner, stating lack of immediate supervision was attributed to another authority (Paras 16-25).
(B) Promotion - Charge of lack of supervision cannot be deemed misconduct under Conduct Rules, and the petitioner must be considered for promotion unencumbered by disciplinary proceedings (Paras 28-30).
Facts of the case:
The petitioner, a Commercial Tax Officer, was charged with failing to supervise check-post staff in corrupt practices, despite being absent during the alleged occurrence and fulfilling duties within the jurisdiction of another officer (Paras 4-14).
Findings of Court:
The inquiry report exonerated the petitioner, identifying the unproven charge of bribery as misapplied against her (Paras 16, 24).
Issues: The main issues were the legality of the penalty imposed without supporting reasons, and whether the lack of supervision constituted misconduct.
Ratio Decidendi: Charge of lack of supervision linked to another’s administration cannot sustain misconduct accusations absent clear culpability; due process demands clarity in disagreement from the disciplinary authority (Paras 20, 27).
Result: The impugned order was set aside, and the petitioner is to be considered for promotion without connection to the penalty.
ORDER :
1. W.P.No.10887 of 2025 is filed questioning G.O.Rt.No.689, dated 27.09.2024, imposing penalty of withholding one (1) annual grade increment without 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. W.P.No.19036 of 2025 is filed questioning the action of the Respondents in seeking to supersede the Petitioner in promotion to the post of Deputy Commissioner (Sales Taxes), as illegal and arbitrary.
3. As these Writ Petitions are interrelated, a Common Order is being passed.
4. The facts in brief are as follows:
The Petitioner while working as Commercial Tax Officer re-designated as Assistant Commissioner in the Commercial Tax Office, Piduguralla Circle, Guntur District. While so, the Deputy Superintendent of Police, Anti-Corruption Bureau, along with his team conducted a surprise-check on the Border Check Post of Pondugula, Dachepalli Mandal, Guntur District on 03.06.2016 and found certain amounts of money in a dustbin and table drawer at the check-post and came to a conclusion that the amounts belong to the staff.
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5. The Petitioner was not in the office at the time of the surprise check and no amounts were recovered from her. Based on the report submitted by the surprise check staff, a solitary charge was framed against the Petitioner vide G.O.Rt.No.310, Revenue (Vigilance-II) Department, dated 02.03.2020.
6. The Article of Charge is that the Petitioner was overall in- charge of her jurisdiction including Vehicular Traffic Check Observation Points and was the immediate superior officer of the staff of check post. The Petitioner failed to supervise her sub-ordinate staff indulging in corrupt activities.
7. The statement of Imputations of Misconduct or Misbehaviour was all about the surprise check and the alleged recovery. It is stated that on credible information from the officials of Commercial Tax Department of Border Check Post at Pondugula Village, Dachepalli Mandal, Guntur District on Addanki-Narkatpalli Goods Vehicles, the Deputy Superintendent of Police, Anti-Corruption Bureau, Guntur District organized a surprise check on the said check post along with his staff in the presence of two mediators from 21.00 hours on 03.06.2016 to 04.00 hours on 04.06.2016.
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8. After reaching near the check post, the surprise check party and mediators took vantage positions in and around the said Border Check-Post and watched the activities of the staff and noticed that one person is stopping transport goods vehicles by whistling, taking away the drivers/cleaners of the transport goods vehicles to inside the check post and in turn staff of check post, who are six (6) in number collecting some money from them even without verifying records.
9. When some of the drivers/cleaners of the transport goods vehicle were denying to pay money to the staff, the staff forced them to pay the amounts otherwise they will impose compounding fee. It is stated that at 9.00 p.m., the Deputy Superintendent of Police and the Surprise Check Party surprised the check post and found the staff of the check post and also six (6) transport vehicle drivers. On search, the surprise check party found some amounts, which were stated to be the personal cash of the staff. On perusal of the Personal Cash Register at the check post, it is noted that the shift personal cash particulars were not entered in the Register.
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10. On further search of the check-post in the presence of mediators and the Administrative Officer of the check-post, an amount of Rs.20,250/- was found at the check-post staff. It is stated that the Deputy Superintendent of Police, ACB had examined six (6) transport goods drivers and they had stated that the check-post staff are collecting Rs.150/- each for stamping on transit pass and they are demanding money from other lorry drivers. The list of documents were specified in Annexure-III and List of Witnesses were spe
