1 HN, J W.P.No.32550_2025 APHC010628042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 32550/2025 Between: 1. K NAGALAKSHMAMMA, W/O B.JAYARAJU, AGED 60 YEARS, OCC- ASSISTANT COMMISSIONER (ST), O/O ASSISTANT COMMISSIONER-1, TADIPATRI, ANANTHAPURAM DISTRICT, R/O D.NO.12-4-938-18-1, NEAR CALVARY CHURCH, AADHARSH NAGAR, ANANTHAPURAM, ANANTHAPURAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, 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 topleased 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 CCTs 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 rejecting the appeal as illegal, arbitrary and violative of Articles 14. 16, and 21 of the Constitution of India apart from 2 HN, J W.P.No.32550_2025 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 Honble Apex Court and consequently set aside the same and further direct the respondents to grant all consequential benefits and pass 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 Pleased to suspend the proceedings of the 2nd respondent vide CCTs 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 IA NO: 2 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 direct the respondents to consider the candidature of the petitioner for promotion to the post of Deputy Commercial Tax Officer as and when the respondents contemplate to effect promotions to the post of Deputy Commercial Tax Officer, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. MANOJ KUMAR BETHAPUDI Counsel for the Respondent(S): 1. GP FOR SERVICES I 3 HN, J W.P.No.32550_2025 ORDER: 1. The learned counsel appearing for the petitioner submits that the petitioner has been imposed a major punishment of withholding two annual increments with cumulative effect. It is submitted that, apart from the petitioner, several other officers were also imposed with a common punishment dated 24.03.2022, withholding two annual increments with cumulative effect. It is further submitted that the other charged officers have filed W.P.Nos.17608 of 2022, 22813 of 2024, 23045 of 2024 and 23087 of 2024. 2. This Court has set aside the impugned order imposing the major penalty. The writ petitions filed by the other charged officers were allowed setting aside the impugned proceedings, and the petitioner is also one of the charged officer against whom the impugned proceedings were issued. 3. Considering the submissions, and also taking into account the orders passed by this Court wherein similarly placed charged officers against whom articles of charge were framed, were exonerated from the charges by virtue of this Court setting aside the impugned proceedings dated 24.03.2022, the case of the petitioner stands on the same footing. 4. Considering the further submission that the petitioner is also one of the charged officer against whom a common enquiry was conducted and the impugned proceedings imposing a major punishment were issued, and in 4 HN, J W.P.No.32550_2025 view of the fact that this Court had set aside the impugned proceedings similarly placed charged officers in W.P.Nos.17608 of 2022, 22813 of 2024, 23045 of 2024 and 23087 of 2024, following the same, the present writ petition is allowed the impugned proceedings are hereby set aside. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:24.11.2025 NKA 5 HN, J W.P.No.32550_2025 128 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 32550 of 2025 Date: 24.11.2025 NKA