Mudumala Vijayalakshmi, v. State of Andhra Pradesh,
WP/6549/2025 · 2025-07-10
Challa Gunaranjan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11240 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11240 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010129342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m FRIDAY, THE ELEVENTH DAY OF JULY £ TWO THOUSAND AND TWENTY FIVE uO PRESENT THE HON’BLE SRI JUSTICE CHALLA GUNARANJA WRIT PETITION NO: 6549 OF 2025 O Between: Mudumala Vijayalakshmi, D/o. M. Ramachandra Reddy, Aged 43 years, Occ. Deputy Assistant Commissioner of State Taxes, (Now working as Manager, O/o. of Joint Commissioner of State Taxes, Kadapa, YSR Kadapa District, AP ...Petitioner- AND
1. State of Andhra Pradesh, represented by its Special Chief Secretary Government, Revenue Department, Secretariat Building, Velagapudi/ Amaravathi, Guntur District. 2. The Chief Commissioner of State Taxes, State of Andhra Guntur, Guntur District, AP
3. The Joint Commissioner (ST), Chittoor Nodal Division, Chittoor District, AP
4. Sri K Venkata Ramireddy, Member, Commissionerate General Administration Department, Room No.215, 5th Block Govt. Complex, Velagapudi-522238, Guntur District, AP to Pradesh, Chittoor, of Inquiries, Interim ...Respondents 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 grant appropriate relief more in the nature of Writ of Mandamus under Article 226 of the Constitution of India declaring the G.O.Ms. NO.306,
Revenue (Vigilance-ll) Department dated 23.10.2020 Rt. No.832, Revenue (Vigilance-ll) Department Rt.No.486, and consequential G.O. dated
23.10.2020. G.O. Revenue (Vigilance-ll) Department dated 04.08.2021 other consequential GOs and Proceedings issued by the 1st and Respondents including the Report submitted by the 4th Respondent to the 1st Respondent by D.O.
Lr. N0.6O/COI- arbitrary, illegal, discriminatory, malafide and all 2nd KVR/2021 dated 31.05.2023 as void and without jurisdiction and unconstitutional violating Articles 14, 16 and 21 of the Constitution of India, apart from contrary to provisions of the ARCS (CCA) Rules, 1991, and set aside the same..- lA NO: 1 OF 2()9R Petition under 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 suspend the operation of the G.O.Ms. Department dated 23.10.2020 and NO.306, Revenue (Vigilance-ll) consequential G.O. Rt. No.832, Revenue (Vigilance-ll) Department dated
23.10.2020. G.O. Rt.No.486, Revenue (Vigilance-ll) Department dated 04.08.2021 and all other and Proceedings issued by the 1st and 2nd Respondents including the Report submitted by the 4**^ Respondent N0.6O/COI- KVR/2021 dated 31.05.2023 consequential GOs to the 1st Respondent by D.O. Lr. as arbitrary, illegal, discriminatory.
I unconstitutional violating Articles malafide, void and without jurisdiction and 14, 16 and 21 of the Constitution of India, the ARCS (CCA) Rules, 1991; pending disposal of the Writ Petition. apart from contrary to provisions of Counsel for the Petitioner: SRI P V KRISHNAIAH " Counsel for the Respondent N0.I; GP FOR SERVICES f Counsel for the Respondent Nos. 2 & 3:GP FOR COMMERCIAL Counsel for the Respondent No.4; —- The Court made the following order: TAX
APHC010129342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY.THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA QUNARANJAN WRIT PETITION NO: 6549/2025 Between:
I.MUDUMALA VIJAYALAKSHMI,, D/0. M.
RAMACHANDRA REDDY, AGED 43 YEARS, OCC. DEPUTY ASSISTANT COMMISSIONER OF STATE TAXES, (NOW WORKING AS MANAGER, 0/0. OF JOINT COMMISSIONER OF STATE TAXES, KADAPA, YSR KADAPA DISTRICT, AP ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SPECIAL CHIEF SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI/AMARAVATHI, GUNTUR DISTRICT. 2.THE CHIEF COMMISSIONER OF STATE TAXES, STATE OF ANDHRA PRADESH, GUNTUR, GUNTUR DISTRICT, AP 3.THE JOINT COMMISSIONER ST, CHITTOOR NODAL DIVISION, CHITTOOR,CHITTOORDISTRICT,AP 4.SRI K VENKATA RAMIREDDY, MEMBER, COMMISSIONERATE OF INQUIRIES, GENERAL ADMINISTRATION DEPARTMENT, ROOM N0.215, 5TH BLOCK, INTERIM GOVT. COMPLEX, VELAGAPUDI- 522238, GUNTUR DISTRICT, AP ...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 grant appropriate relief more in the nature of Writ of
Mandamus under Article 226 of the Constitution of India declaring the G.O.Ms. NO.306, Revenue (Vigilance-ll) Department dated 23.10.2020 and consequential G.O. Rt. No.832, Revenue (Vigilance-ll) Department dated
23.10.2020. G.O. Rt.No.486, Revenue (Vigilance-ll) Department dated 04.08.2021 and all other consequential GOs and Proceedings issued by the 1st and 2nd Respondents including the Report submitted by the 4th Respondent to the 1st Respondent by D.O. Lr.
N0.6O/COI- KVR/2021 dated 31.05.2023 as arbitrary, illegal, discriminatory, malafide, void and without jurisdiction and unconstitutional violating Articles 14, 16 and 21 of the Constitution of India, apart from contrary to provisions of the ARCS (CCA) Rules, 1991, and set aside the same, lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the operation of the G.O.Ms. NO.306, Revenue (Vigilance-11) Department dated 23.10.2020 and consequential G.O. Rt. No.832, Revenue (Vigilance-ll) Department dated
23.10.2020. G.O. Rt.No.486, Revenue (Vigilance-ll) Department dated 04.08.2021 and all other consequential GOs and Proceedings issued by the 1st and 2nd Respondents including the Report submitted by the 4th Respondent to the 1st Respondent by D.O.
Lr. N0.6O/COI- KVR/2021 dated 31.05.2023 as arbitrary, illegal, discriminatory, malafide, void and without jurisdiction and unconstitutional violating Articles 14, 16 and 21 of the Constitution of India, apart from contrary to provisions of the ARCS (CCA) Rules, 1991, pending disposal of the Writ Petition. Counsel for the Petitioner: 1.PVKRISHNAIAH Counsel for the Respondent(S):
1.GP FOR SERVICES I 2.GP FOR COMMERCIAL TAX The Court made the following:
m t THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.6549 of 2025
ORDER: Heard Sri P.V.Krishnaiah, learned counsel for petitioner and learned Assistant Government Pleader for Services - I appearing for the respondents. Petitioner is presently working as Deputy Assistant
2. Commissioner of State Taxes. While she was working as Assistant Commissioner of State Taxes and posted at Integrated Check Post, Naraharipeta, Chittoor District, there was ACB surprise check on 09.01.2017, based on the same, report came to be submitted to 1®‘ respondent on 21.10.2019, petitioner stated to be not on duty on the said date of surprise check. However, 1®* respondent by G.O.Ms.No.306, dated 23.10.2020, has initiated common disciplinary proceedings against petitioner and eight Later, by G.O.Rt.No.832, dated 23.10.2020, other officers. petitioner was issued charge memo setting out four articles of Petitioner submitted statement of defense on charges. 07.12.2020 refuting all the charges leveled against her. Later, Inquiry Officer came to be appointed vide G.O.Rt.No.486, dated 04.08.2021, after concluding inquiry, report dated 31.05.2023
2 CGR, J W.P. No.6549 of 2025 came to be submitted holding that the charges levelled against petitioner were proved. Based on the said report and enclosing the same, petitioner was called upon to submit explanation by letter dated
18.03.2024. Petitioner has submitted explanation dated 30.03.2024, once again refuting the findings besides the very initiation of disciplinary proceedings and the manner of conducting inquiry. Despite which, the inquiry has not concluded so far. Therefore, petitioner preferred present writ petition assailing the very initiation of disciplinary proceedings and the subsequent inquiry report and issuance of show-cause notice.
3.
Learned counsel for petitioner submits that the very initiation of proceedings is not based on any cogent material and that in spite of petitioner pointing out in the statement of defense and also even before inquiry authority that the proceedings could not have been issued against petitioner, without considering the same, they have proceeded with it, and they are in the process of concluding the same.
4. Learned Assistant Government Pleader appearing for respondents on the other hand submits that the inquiry has already been substantially concluded and is now presently
3 i CGR, J W.P. No.6549 of 2025 pending with respondent for taking final decision, and the same would be concluded soon. Though learned counsel for petitioner has tried to advance
5.
arguments on the merits and also tried to point out that the very initiation of disciplinary proceedings by issuing common departmental proceedings is vitiated on account of several factors, this Court at this length of time is not inclined to go into those aspects and decide the matter particularly in view of the fact that already inquiry is concluded and petitioner has been called upon to submit explanation to the findings of the Inquiry However, as the Inquiry is still Officer, which she already did. pending, in spite of the definitive timeline prescribed by the Government to conclude the same with an outer limit of maximum of six months, this Court deems it fit to dispose of the writ petition.
Learned counsel for petitioner at this stage has submitted that petitioner may also be given liberty to file additional objections in addition to those submitted on 30.03.2024. As the proceedings are not concluded so far, petitioner is granted liberty to raise all factual, legal submissions including those canvassed in the present writ petition by filing additional objections within
6.
4 CGR, J W.R No.6549 of 2025 three weeks from today and the respondents are
directed to consider even such additional objections in addition to the representation dated 30.03.2024 already made and conclude the disciplinary proceedings within three months thereafter.
7. With the above direction, this writ petition is disposed of accordingly. No costs. As a sequel, interlocutory applications pending
consideration, if any, shall stand closed.
Sd/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Special Chief Secretary to Government, Revenue Department, Secretariat Building, Velagapudi/Amaravathi, Guntur District.
2. The Chief Commissioner of State Taxes, State of Andhra Pradesh, Guntur, Guntur District, AP
3. The Joint Commissioner (ST), Chittoor Nodal Division, Chittoor District, AP
4. One CC to Sri P V Krishnaiah Advocate [OPUC]
5. Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT]
6. Two CCs to GP for Commercial Tax High Court of Andhra Pradesh [OUT]
7. Two CD Copies Chittoor, TF
'-X HIGH COURT DATED:11/07/2025
ORDER WP NO. 6549 OF 2025 2 3JUL 2025 ^NCiin»iitS«tijBX»y •.s\ DISPOSING OF THE W.P., WITHOUT COSTS