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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY
Gorantla Manjula Rani D/o Hanumantha Rao – Appellant
Versus
State of Andhra Pradesh – Respondent
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
Disciplinary charges must adhere to procedural fairness and clear accountability; mere lack of supervision cannot constitute misconduct without evidence of direct responsibility.
Due process in disciplinary proceedings requires the disciplinary authority to provide specific reasons for disagreement with an inquiry report, ensuring decisions are not made on speculative grounds....
Point of Law : It would not be safe to rely on the examination-in-chief recorded which was not subjected to cross examination before the summon was made.
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