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2025 Supreme(Online)(AP) 8535
HIGH COURT OF ANDHRA PRADESH
CHALLA GUNARANJAN, J
K. Syam Kumar – Appellant
Versus
The Commissioner of Police, AP – Respondent
Writ Petition No: 16243 of 2025
For the Appellants/Petitioners: Sri K. R. Srinivas
For the Respondents: GP for Services
Punishments imposed by administrative authorities must strictly adhere to legal provisions, failing which they are deemed illegal.
Headnote:(A) Constitution of India - Article 226 - Andhra Pradesh Civil Services (Classification Control & Appeal) Rules, 1991 - Writ of Mandamus to declare the punishment of reduction in time scale by three stages for three years with cumulative effect on future increments and pension as illegal and arbitrary since it was not contemplated under Rule 9, violating principles of natural justice. (Paras 3, 5, 6)
(B) Punishment - Scope of Rule 9 - The court found that the major penalty imposed was not provided for under the specified rule, hence the punishment awarded was set aside. (Paras 5, 6)
Facts of the case:
The petitioner was subjected to major punishment of reduction in pay scale without a basis under the applicable rules, confirmed through various orders by the respondents.
Findings of Court:
The proceedings imposing the reduction in pay were set aside, allowing the petitioner relief and noting the need for adherence to procedural justice in any future actions against him.
Issues: The main issue pertained to the legality of the imposed punishment and adherence to the CCA Rules.
Ratio Decidendi: The court reiterated that punishment must adhere strictly to what is prescribed in the relevant rules, otherwise it constitutes an overreach of administrative powers.
Result: Writ Petition allowed and the punishment set aside.
| Table of Content |
|---|
| 1. petitioner challenges punishment imposed. (Para 1 , 4) |
| 2. imposition of punishment inconsistent with cca rules. (Para 2 , 3) |
| 3. illegal punishment set aside based on procedural grounds. (Para 5) |
| 4. court reinforces adherence to legal frameworks. (Para 6) |
WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16243 OF 2025 Between:
K. Syam Kumar, S/o.K.V.Venkateswar Rao, Aged 37 Years, Police Constable (PC No 1534) City Training Center, Vijayawada, NTR, [District.]
...Petitioner AND
1. The Commissioner of Police, AP, Vijayawada, NTR District.
2. The Inspector General of Police, AP, Mangalagiri, Guntur District.
3. The State of Andhra Pradesh, Represented By Its Principal Secretary, Home Department, Secretariat Buildings ,Velagapudi, Amaravathi, Guntur
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 to issue writ or order more in the nature of Writ Of Mandamus declaring the punishment of reduction in time scale by three stages for three years with cumulative effect on future increments and pension, imposed by the 1St Respondent through proceedings D.O.No.917/2021 C.No 25(B)/PR/2013 dated 31.08.2021, as confirmed by the appellate order of the
2^^ Respondent in D.Dis NO.127/T3/2022 dated 11.07.2022, review as well as revision orders order of the 3rd Respondent in Memo No.143675/Ser.ll/AI/2021 dated 02.05.2023, and 09.04.2025 respectively, as illegal, arbitrary, violative of principles of natural justice, penalty not contemplated under Rule 9 of the CCA Rules, and accordingly set aside the datedSt.08.2021,11.07.2022,02.05.2023 and 09.04.2025 of the said Offers poqdents by extending the benefit of the judgements of this Honorable res HigiT CQiirt passed in W.P. No. 32506 of 2018 judgements dated 24.10.2018 and W.P. No. 5420 of 2023 judgements dated 17.03.2023.
lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the 1 Respondent through proceedings D.O.No.91 7/2021 C.No.25(B)/PR/2013 dated 31.08.2021, 2"^^ Respondent in D.Dis NO.127/T3/2022 dated 11.07.2022, and 3rd Respondent in Memo dated 02.05.2023, and 09.04.2025,imposing
punishment of reduction in time scale by three stages for three years with cumulative effect on future increments and pension, as not envisaged under punishment under Rule 9 of the CCA Rules.
Counsel for the Petitioner: SRI K. R. SRINIVAS Counsel for the Respondents: GP FOR SERVICES I The Court made the following order:
7 /
APHC010325122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3506]
(Special Original Jurisdiction)
WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16243/2025 Between:
1.K SYAM KUMAR, S/O.K.V.VENKATESWAR RAO, AGED 37 YEARS, POLICE CONSTABLE (PC NO 1534) CITY TRAINING CENTER, VIJAYAWADA, NTR DiSTRiC ...PETITIONER AND
1.THE COMMISSIONER OF POLICE, AP, VIJAYAWADA, NTR DISTRICT.
2.THE INSPECTOR GENERAL OF POLICE, AP,MANGALAGIRI, GUNTUR DISTRICT.
3.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY , HOME DEPARTMENT, SECRETARIAT BUILDINGS ,VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT{S):
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 writ or order more in the nature of Writ Of Mandamus declaring the punishment of reduction in time scale by three stages for three years with cumulative effect on future increments and pension, imposed by the
1st Respondent through proceedings D.O.No.917/2021 C.No
25(B)/PR/2013 dated 31.08.2021, as confirmed by the appellate order of the 2nd Respondent in D.Dis NO.127/T
