APHC010325122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (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 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 District. ...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 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 1 St Respondent through proceedings 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 D.O.No.917/2021 C.No rd as revision orders order of the 3 Respondent in Memo No.143675/Ser.ll/AI/2021 dated 02.05.2023, and 09.04.2025 respectively, as justice, penalty not illegal, arbitrary, violative of principles of natural 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 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. res 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 Respondent through proceedings pleased to suspend the D.O.No.91 7/2021 C.No.25(B)/PR/2013 dated 31.08.2021, 2"^^ Respondent in 1 Respondent in Memo dated 02.05.2023, and 09.04.2025,imposing D.Dis NO.127/T3/2022 dated 11.07.2022, and 3rd No.143675/Ser.ll/A!/2021 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 (Special Original Jurisdiction) [3506] 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 CITY YEARS, POLICE CONSTABLE (PC NO 1534) 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 2 cumulative effect on future increments and pension, imposed by the 1st Respondent through proceedings 25(B)/PR/2013 dated 31.08.2021, order of the 2nd Respondent in D.Dis 11.07.2022, review as well Respondent in Memo No.143675/Ser.ll/AI/2021 dated 02 05 2023 and 09.04.2025 D.O.No.917/2021 C.No as confirmed by the appellate NO.127/T3/2022 dated revision orders order of the 3rd as respectively, as illegal, arbitrary, violative of principles of natural justice, penalty not contemplated under Rule 9 of the CCA Rules, dated31.08.2021,11.07.2022,02.05.2023 and 09.04.2025 of the respondents by extending the benefit of the judgements of this Honorable High Court passed in W.P. No. 32506 of 2018 judgements dated 24.10.2018 and W.P. No. judgements dated 17.03.2023 and pass and accordingly set aside the said orders 5420 of 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 petition, the High Court may be pleased please to SUSPEND the Respondent C.No.25(B)/PR/2013 dated 31.08.2021, 2nd Respondent in D.Dis NO.127/T3/2022 dated 11.07.2022, and 3rd Respondent in Memo dated 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 and pass 1st through proceedings D.O.No.917/2021 No.143675/Ser.ll/AI/2021 02.05.2023, and Counsel for the Petitioner: 1.K R SRINIVAS Counsel for the Respondent(S): 1.GP FOR SERVICES I 2. 3 lilg-Court mada Pstitioner, Polic© major punishment of reduction for three years with pension, as imposed by the proceedings dated 31.08.2021, General following nrrfor- Constable challenges the imposition of Of time scale of pay by three stages - increments and of Police C.No.25(B)/PR/2013, cumulative effect on his future i 1 respondent-commissioner DO. No. 917/2021 by confirmed by the 2 nd respondent-inspector proceedings D.Dis.No.127/T3/2022, and further confirmed of Police dated 11.07.2022, by by the respondent- 143675/Ser.ll/A1/2021, Principal dated 02.05.2023 Secretary by Memo No. on 09.04.2025. 2- Heard Sri K.R. Srinivas, learned Assistant Government Pleader respondents. learned counsel for the petitioner and for Services-I for 3. The respondent imposed the punishment which iIS not contemplated or envisaged in Rule 9 of CCA Rules, which aspect Court and later Petitioner of 2018 and this Court has taken impose major punishment has already considered by the Division Bench of this the same iIS followed by Co-ordinate Bench of this Court, referred in W.P.No.32506 placed the relevant judgment W.P.No.5420 of 2023 and would contend that, respondents cannot i 3 view that the , as 4 awarded in the Andhra Pradesh Civil Rules, 1991 present case, which i Services (Classification (for brevity ‘CCA Rules’). 's not provided under Rule Control & Appeal) 9 of 4. In order to imposing major punishment appreciate the said fact, reads as under: Rule 9 of CCA Rules, Major Penalties: •M withholding Of increments of M)(a) save effect. pay with cumulative lower stage in the tirne-scafeof^Ja M(a), reduction to a further directions as to whether ornV/m P^nod, with --e f.... ofXr ^jZTfZZS^t Z'ZTf conditions ofrestoraZnt\ Service from which the Government ^ orpost se.r?"'^ a., p., „„ or post or or his or 5. Petitioner in the punishment of, reduction three present case has of time scale of cumulative effect punishment, i years with pension does not find been awarded with pay by three stages for on his future increments and in particular, reduction of pay by cumulative effect years with pension. The aforesaid three stages for three increments and on his future mention in the said rule. The same aspect has also been considered by the Division Bench followed by Co-ordinate Bench of this Court, as stated above, therefore, on the said ground itself the writ petition has to succeed. 6. In view of the same, and considering the ratio laid down above, proceedings DO.No.917/2021 C.No.25(B)/PR/2013, dated 31.08.2021, is hereby set aside. It is needless to observe that the respondents are at liberty to proceed against the petitioner, if they choose to do so, in accordance with CCA Rules, after providing opportunity to petitioner and observing principles of natural justice. 7. Accordingly, the Writ Petition is disposed of. There shall be order as to costs. no As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K. SRINIVASA I^AJU ASSISTANT REGI^RAR mt^FFICER //TRUE COPY// SEC To, 1. The Commissioner of Poiice, AP, Vijayawada, NTR District. 2. The Inspector General of Police, AP, Mangalagiri, Guntur District. 3. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, 4. One CC to Sri K. R. Srinivas, Advocate [OPUC] 5. Two CCs to GP tor Services I, High Court of Andhra 6. Two CD Copies Guntur District. Pradesh [OUT] Cnr T '4 HIGH COURT DATED;02/07/2025 ORDER WP NO. 16243 OF 2025 ^ t 0 JUL 2025 i S<i»«ntS«ctj2ftXt ''«5£geaiss^ o DISPOSING OF THE W.P. WITHOUT COSTS