Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 28603 (AP)

K RAVI BABU v. State of Andhra Pradesh,

WP/20798/2025 · 2025-08-05

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010407372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE NYAPATHY WRIT PETITION NO: 207Q8 OF 207f> m inX r,- ‘.v VIJAY Between: K. Ravi Babu, S/o Narayana, Aged 44 Guntur District. years, Tahsildar, CRDA. Thulluru Unit, ...PETITIONER AND 1. State of Andhra Pradesh Rep. by its Principal Secretary Department, A.P. Secretariat, Velagapudi, Amaravati. 2. The Chief Commissioner of Land Revenue Administration, APIIC Building, Auto . , Guntur District. Nagar, Near NRI Hospitals, Mangalagiri ...RESPONDENTS Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith pleased to issue a writ, order or direction of Mandamus declaring the of India praying that in the the High Court may be particularly one in the nature of Writ action of the respondent authorities in not considering the case of the petitioner Collector without reference for promotion to the post of Deputy pending disciplinary proceedings, initiated ough charge memos vide G.O.Rt.No.422 dated 12.07.2021, and another dated 21.09.2017 and a CCLA charge Revenue (Vig.wing) Department against the principles of charge memo vide Rc.A1/517/2017 memo vide Ref No.REV02-2a/189/2023, dated 27.01.2024 as highly arbitrary, illegal, unjust, natural justice, violative of fundamental rights and contrary to G.O.Ms. No. 91 General Administration (SER.C) Department, dated 12.09.2022 and. G.O.Ms: No. 679 (GAD) dated 01.11.2008 and G.O.Ms. No. 257, dated 10.06.1999 and promote the petitioner to to the above said pending consequently to direct the respondent authorities to the post of Deputy Collector without reference charge memos. lA NO: 1 OF 2()9fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court direct the respondent authorities to consider the may be pleased to case of the petitioner for to the pending memos vide G.O.Rt.No.422 memo vide Rc.A1/517/2017, dated a CCLA charge memo vide Ref NO.REV02-28/189/2023, Revenue (Vig.wing) Department dated 27.01.2024, pending disposal of the above writ petition. promotion to the post of Deputy Collector without reference disciplinary proceedings initiated through charge dated 12.07.2021, and another charge 21.09.2017 and Counsel for the Petitioner: SRI BALAJI MEDAMALLI Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES-1 The Court made the following order: APHC010407372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20798/2025 Between: 1.K RAVI BABU, S/0 NARAYANA, AGED 44 YEARS, TAHSILDAR, CRDA, THUIIURU UNIT, GUNTUR DISTRICT. ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI. 2.THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, APIIC NEAR NRI HOSPITALS, BUILDING, AUTO NAGAR, MANGALAGIRI, GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.BALAJI MEDAMALLI Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: 2 : ^ 4* THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No: 20798 of 2025 ORDER:- The present writ petition is filed questioning the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Deputy Collector without reference to the Charge Memos in G.O.Rt.No.422 Revenue (Vigilance.l) Department, dated 12.07.2021 and Rc.A1/517/2017, dated 21.09.2017 and a CCLA charge memo vide Ref.No.REV02-28/189/2023, Revenue (Vig.wing) Department, dated 27.01.2024 as arbitrary and illegal and consequently direct the Respondents to conclude the enquiry expeditiously. 2. The facts leading to the filing of the writ petition are as follows; The Petitioner was appointed as Deputy Tahsildar in October 2009 in Nellore District. Later, he was promoted as Tahsildar in the year 2013 in Prakasam District. Thereafter, in the year 2017 he was transferred as Tahsildar in Guntur District. Later, he took charge as Tahsildar, Dachepalli on 21.10.2017 and worked there till 09.12.2017. Subsequently, he was placed as in-charge Tahsildar, Dachepalli from 21.03.2018 to 07.07.2018. While so, the Collector and District Magistrate, Prakasam District, Ongole issued a charge memo dated 21.09.2017 alleging that he has not furnished genuine information. The 3 4 Petitioner submitted a detailed explanation in the month of December 2017. On 12.07.2021 alleging slackness in duties while the Petitioner was working as Tahsildar at Dachepalli and Piduguralla during the period from 2017 to 2018, the 1®‘ Respondent issued another charge. Petitioner submitted a detailed explanation in the month of July 2021. Thereafter the Commissioner of enquiry has issued notice dated 27.09.2023 to attend the enquiry and thereafter he attended the enquiry. On 27.01.2024 the 2"^^ Respondent issued another charge The memo. However, without considering the explanations. Respondent Nos.1 and 2 had issued Charge memos under Rule 20 of ARCS (CCA) Rules, 1991 alleging slackness in preventing illegal mining while the Petitioner was working as Tahsildar at Dachepalli and Piduguralla. Thereafter, an enquiry officer was appointed on 26.11.2024 and concluded the enquiry and submitted a report to the CCLA. 3. 4. While so, the promotion for the post of Deputy Collector is being considered and the apprehension of the Petitioner is that his case would not be considered for promotion in view of the pendency of the disciplinary enquiry. 5. Learned counsel for the Petitioner further submits that in spite of participating in the enquiry by the Petitioner, no decision is forthcoming 4 and the same is likely to hinder his prospects for consideration of his case for promotion to the post of Deputy Collector. 6. Learned Assistant Government Pleader would contend that the Petitioner cannot raise issue of challenge to the Charge Memorandums after participating in the enquiry and as regards the issue of promotion, he submitted that his case would be considered in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. 7. Having heard the respective submissions, this Court is of the opinion that the charges against the Petitioner is only with regard to the slackness shown in lack of supervision and the same does not appear to be grave to dodge the promotion apart from that the delay in concluding the enquiry is inexplicable. Considering the delay in conclusion of the disciplinary enquiry and triviality of the charges framed against the Petitioner, this Writ Petition is disposed of in the following terms; 8. i) The Respondents are directed to consider the Petitioner’s case for promotion to the Post of Deputy Collector subject to the Petitioner possessing requisite qualification taking note of the non-serious charges against the Petitioner in Charge Memos in G.O.Rt.No.422 Revenue (Vigilance.l) Department, dated 12.07.2021 and Rc.A1/517/2017, dated 5 21.09.2017 and a CCLA charge memo vide Ref.No.REV02-28/189/2023 Revenue (Vig.wing) Department, dated 27.01.2024, in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. SD/' N NAGAMMA j assistant registrar i //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravati. 2. the Chief Commissioner of Land Administration, APIIC Building, Auto Nagar, Near NRI Hospitals, Mangalagiri, Guntur District. 3. One CC to Sri Balaji Medamalli, Advocate [OPUC] 4. Two CCs to GP for Services-1, High Court of Andhra Pradesh [OUT] 5. Two CD Copies. ssb HIGH COURT DATED:06/08/2025 ORDER WP No. 20798 OF 2025 disposing of the w.p. without costs