APHC010628032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 32580/2025 Between: 1. B SRINIVAS, S/O APPALA SWAMY, AGED ABOUT 55 YEARS, OCC DCTO, O/O THE ASSISTANT COMMISSIONER OF STATE TAX, HINDUPUR CIRCLE, ANANTHAPURAM DIVISION, R/O CHINNAVEEDHI, NEAR RAMA TEMPLE, NARISIPURAM, PARVATHIPURAM MANYAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE (COMMERCIAL TAX) DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE CHIEF COMMISSIONER OF STATE TAX, GOVERNMENT OF ANDHRA PRADESH, TADEPALLI, 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 to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the proceedings of the 2nd respondent vide CCT’s Ref.No.V1/440/2015-ll, Dt.24.03.2022 in imposing the major penalty of withholding two annual grade increments with cumulative effect and the order vide Memo No.74620-17023/16/2016-14, Dt.07.02.2024 of the 1st respondent in 2 rejecting the appeal as illegal, arbitrary and violative of Articles 14, 16, and 21 of the Constitution of India apart from being in violation of Rules 20, 21 and 24 of the A.P. Civil Services (Classification, Control and Appeal) Rules, 1991 and the instructions issued in Government Memo, Dt.18.11.1993 apart from violation of the law laid down by the Hon’ble Apex Court and consequently set aside the same and further direct the respondents to grant all consequential benefits and pass such other order. IA 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 to suspend the proceedings of the 2nd respondent vide CCT’s Ref.No.V1/440/2015-ll, Dt.24.03.2022 and the consequential order vide Memo No.74620-17023/16/2016-14, Dt.07.02.2024 of the 1st respondent in rejecting the appeal, pending disposal of the writ petition and pass such other order. Counsel for the Petitioner: 1. MANOJ KUMAR BETHAPUDI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.32580 of 2025 ORDER: 1. The present Writ Petition is filed to declare the Proceedings issued by Respondent No.2 vide CCT’s Ref.No.V1/440/2015-II, dated 24.03.2022 imposing major penalty of withholding two annual grade increments with cumulative effect and the order vide Memo No.74620-17023/16/2016-14, dated 07.02.2024, issued by Respondent No.1 rejecting the appeal, as illegal and arbitrary. 2. In the present case, the Petitioner was issued a Charge-Memorandum on 25.02.2016, wherein two Articles of Charges were framed. The Article of Charge-I is that the Petitioner while working as DCTO-III had collected cash and issued receipts for cash collections of tax to an extent of Rs.12,000/-, but failed to remit into the Government Treasury through proper challans. The Article of Charge-II is that the Petitioner had failed to ensure that the cash collections of tax are remitted into Government Treasury through proper challans and the same are entered into the Treasury chitta. Similar Articles of Charges were framed against 9 other individuals. This Court vide Common Order passed in W.P.Nos.22813, 23045 and 23087 of 2024, dated 04.09.2025 had set-aside the punishment on the ground that the misappropriation was by an individual by name Sri B. Vinayaka working in the same Department as Junior Assistant and not by the Petitioners. 4 3. As the Petitioner in the present Writ Petition is similarly placed as was the Petitioners in W.P.Nos.22813, 23045 and 23087 of 2024, the impugned Proceedings issued by Respondent No.2 vide CCT’s Ref.No.V1/440/2015-II, dated 24.03.2022 is set-aside and the Writ Petition is allowed. 4. The Registry is directed to attach the copy of the Common Order passed in W.P.Nos.22813, 23045 and 23087 of 2024, dated 04.09.2025 along with this Order. 5. No order as to costs. 6. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 03.12.2025 IS 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.32580 of 2025 Dated: 03.12.2025 IS