APHC010041112014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 36358 OF 2014 Between: U. Narasimhulu S/ o.Gangaiah, Aged about 59 years, Occ:Record Asst. (Retd.), O/o. Judicial Magistrate of I Class, Kota, SPSR Nellore District, R/ o. Near Gandhi Statue, Kota, Kota Mandal, SPSR Npllore District. ...Petitioner AND 1. The High Court of Judicature, At Hyderabad, For the State of Telangana & The State of Andhra Pradesh, Rep. by its Registrar (Admimstration), Hyderabad. 2. The Principal District & Sessions Judge, Nellore, SPSR Nellore District. ...Respondents Petition under Article 226 of the Constitution of India is filed 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 Certiorari calling the records pertaining to the orders of the respondent No.1 in passing the orders vide Order in D(D)A.NOS.39 & 40/2012,0.4 (Con.), Dt; 25-10-2013, in imposing punishment of stoppage of two annual increments of pay of the petitioner without cumulative effect, by confirming the orders of the respondent No.2 partly, in which the stoppage of two annual increments of pay of the petitioner with cumulative effect was ordered in Departmental Enquiry No.7 of 2011, Dt;5-3- 2012, is as illegal, arbitrary, unjust and against the Principles of Natural Justice, consequently quash the same. lA NO: 1 OF 2014(WPMP 45521 OF 2014 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Order in D(D)A.NOS.39 40/2012,C.4 (Con.), Dt:25-10- 2013, passed by the Respondent No.1, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI G JAGADEESWAR Counsel for the Respondents: SRI K SRINIVASA RAO The Court made the following order: >' ' APHC010041112014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3541] c THURSDAY. THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 36358/2014 Between: 1.U.NARASIMHULU, S/ O.GANGAIAH, AGED ABOUT 59 YEARS, OCC;RECORD ASST.(RETD.), O/O.JUDICIAL MAGISTRATE OF I CLASS, KOTA, SPSR NELLORE DISTRICT, R/ O. NEAR GANDHI STATUE, KOTA, KOTA MANDAL, SPSR NELLORE DISTRICT. ^ ...PETITIONER AND 1.THE HIGH COURT OF JUDICATURE AT HYDERABAD ANOTHER, TELANGANA 86 THE STATE OF ANDHRA PRADESH, REP. BY ITS REGISTRAR(ADMIMSTRATION), HYDERABAD. AT HYDERABAD, FOR THE STATE OF 2.THE PRINCIPAL DISTRICT SESSIONS JUDGE, NELLORE, SPSR NELLORE DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, tiae High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Certiorari calling the records pertaining to the orders of the respondent No.1 in passing the orders vide Order in D(D)A.NOS.39 86 40/2012,0.4 (Con.), Dt:25-10-2013, in imposing punishment of stoppage of two annual increments of pay of the petitioner without cumulative effect. 2 •i RRRJ&JSJ by confirming the orders of the respondent No.2 partly, in whichThe stoppage of two annual increments of cumulative effect was ordered 2011, Dt;5-3-2012, is pay of the petitioner with in Departmental Enquiry No.7 of as illegal, arbitrary, unjust and against the Principles of Natural Justice, consequently quash the same and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. LA NO: 1 OF 2014fWPMP 45521 OF 2014) 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 Order in D(D}A.NOS.39 40/2012,C.4 (Con.), Dt:25-10-2013, passed by the Respondent No.1, pending disposal of the above Writ Petition; and p»ss such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: 1.G JAGADEESWAR Counsel for the Respondent(S): 1.K SRINIVASA RAO This Court made the following; 5 RRRJSJSJ W-P.NO.3635S/20I4 ORDER: (Per Hon'ble Smt. Justice Sumathi Jagadam) The petitioner was initially appointed as a Process Server and retired from service on 31.08.2013 as a Record Assistant. The petitioner, while working in the Court of the Judicial Magistrate of First Class, Kota, applied for casual leave from 02.09.2010 to 03.09.2010. During the said period, the deposition of P.W.5 in C.C. No. 9 of 2002 and the examination of the accused under Section 251 of Cr.P.C. in C.C. No. 48 of 2009 were found to be missing. The Enquiry Officer, in his report dated 16.11.2011, held both the delinquents, i.e., Smt. N. Vanaja, Senior Assistant, and the petitioner guilty of missing the documents. Based on the report submitted by the Enquiry Officer, the Principal District and Sessions Judge, Nellore, by order dated 05.03.2012, imposed punishment of withholding of two annual increments of pay with cumulative effect. The petitioner filed an appeal before the 1 25.10.2013, the 1®‘ respondent modified the punishment to that of St respondent. On stoppage of two annual increments without cumulative effect. Aggrieved by the said orders, the petitioner has filed the presentwrit petition. 2. Heard Sri G. Jagadeeswar, learned counsel for the petitioner and Sri K. Srinivasa Rao, learned Standing Counsel for the respondents and perused the record. RRRJ&JSJ W.P.No.36358/2014 3. Upon scrutiny, it Junior Civil Judge’s Court, Kota, X.1 to X.5 office order was observed that the Superintenderrt of the was examined as P.W. 1, and Exs. are the entries in the which show that the criminal bench work, and Smt. were marked. Exs. X.1 and X.2 register dated 02.09.2010 petitioner was directed to handle the cri N. Vanaja was directed to supervise the administration of the Court of the Junior Civil Judge, Kota. Ex.X.3 shows the entry in the witness register dated 03.09.2010. Ex.X.4 shows the granting of casual leave to the petitioner on 02.09.2010 and 03.09.2010 . P.W.2, the then Junior Civil Judge, Kota, issued Ex.X.6, 23.11.2010, for tracing the deposition a memo dated of P.W.5 in C.C.No.9 of 2002. Ex.X.10 is the memo dated 22.11.2010 issued by P.W.2 Vanaja directing her to trace the to Smt. N. examination of the accused under Section 251 ofCr.P.C. in C.C.No.48 of 2009. 4. It is evident from Ex.X.4 that the petitioner leave on 02.09.2010 and 03.09.2010. with the supervision of the administrative Junior Civil Judge, Kota. In the absence report about the punishment of withholding two was granted casual Smt. Vanaja was entrusted work of the Court of the of a finding in the enquiry missing deposition from the Court, imposing annual increments of pay with cumulative effect is unjust. Since the date of the incident, he petitioner was on leave on the can be held negligent. However the 5 RRRJ & JS.J W.P.NO.36358/20N petitioner retired on 31.08.2013, and due to the alleged incident, he lost the opportunity for promotion. Therefore, this Court finds it appropriate to modify the punishment order dated 25:10.2013 to one increment cut without cumulative effect. Accordingly, the Writ Petition is disposed of by modifying the punishment order dated 25.10.2013 from two increments cut without cumulative effect to one increment cut without cumulative effect. No 5. order as to costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Registrar (Admimstration), High Court of Judicature, Hyderabad, For the State of Telangana & The State of Andhra Pradesh Hyderabad. 2. The Principal District Sessions Judge, Nellore, SPSR Nellore District. 3. One CC to SRI. G JAGADEESWAR, Advocate [OPUC] 4. One CC to SRI. K SRINIVASA RAO, Advocate [OPUC] 5. Three CD Copies At PRK (gsg) HIGH COURT DATED: 14/08/2025 ORDER WP NO. 36358 OF 2014 DISPOSING OF THE WP, WITHOUT COSTS