P a g e | 1 APHC010033352024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 23rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 1891 OF 2024 Between: 1. MANTHINA RAVI BABU, , Aged 50 Years, S/o M.Venkatapathi Raju, Working as Superintendent, Office of Joint Commissioner of Labour, Visakhapatnam, R/o. Door No.39-22-10/6/7, Flat No. 106, C-1 Block, Kalinganagar, Ganga Godavari Apartments, Madhavadhara, Visakhapatnam ...Petitioner AND 1. THE STATE OF AP, Rep by its Principal Secretary, Department of Labour and Employment, Secretariat, Velagapudi, Amaravati, Guntur District. A.P. 2. The Commissioner of Labour, Vijayawada, Andhra Pradesh 3. Joint Commissioner of Labour, Zone-1, Visakhapatnam, Andhra Pradesh. ...Respondents Counsel for the Petitioner: S.V.S.S.SIVA RAM Counsel for the Respondents: GP FOR SERVICES III (AP) P a g e | 2 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 1891 OF 2024 ORDER: This writ petition is filed challenging the proceedings dated 10.01.2024 passed by the 3rd respondent, whereby the petitioner, who was working as Superintendent, was reverted to the post of Senior Assistant, without issuing a charge memo and without conducting any departmental enquiry. 2. Brief facts of the case are that: On 10.01.2024, Commissioner of Labour, Vijayawada visited the office of the Joint Commissioner of Labour, Visakhapatnam. During the course of inspection, Commissioner noticed that petitioner who is working as Superintendent had failed to properly supervise the maintenance of the office registers, thereby causing inconvenience in the functioning of the office of the Joint Commissioner of Labour, Visakhapatnam. Thereby, the Commissioner issued oral instructions to revert him to the post of Senior Assistant from the post of Superintendent. Pursuant to the same, on the same day i.e., 10.01.2024 consequential proceedings impugned in the writ petition were issued reverting petitioner to the post of Senior Assistant. Aggrieved by that, the present writ petition has been filed. 3. Heard learned counsel for petitioner and learned Assistant Government Pleader for Services – III. P a g e | 3 4. Learned counsel for petitioner submits that reversion from a higher cadre/post to a lower cadre/post, which imposed by way of punishment is a major penalty and, therefore, cannot be imposed without following the procedure contemplated under Rule 20 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 (for short ‘CCA Rules’). Whereas in the instant case, only on the oral instructions issued by the Commissioner of Labour, such a major penalty was imposed without conducting any enquiry. 5. Per contra, learned Assistant Government Pleader appearing for the respondents reiterating the averments made in the counter affidavit submitted that petitioner himself had submitted a written request dated 10.01.2024 seeking his reversion from the post of Superintendent to the post of Senior Assistant and basing on his request only, he was reverted to the said post. 6. Further, learned Assistant Government Pleader based on written instructions furnished by the 3rd respondent dated 31.08.2026 submitted that a departmental enquiry has been initiated against petitioner and the same is pending. It is further submitted that, as the presenting officer was entrusted with the election related duties, the enquiry could not proceed further and the departmental enquiry is now posted to 01.09.2026. 7. Considered the submissions made on either side and perused the record. P a g e | 4 Though the proceedings is of the year 2024, till now no enquiry has been proceeded. However, now learned Assistant Government Pleader based on instructions furnished by the 3rd respondent submits that a departmental enquiry has been initiated against the petitioner and is pending. As the Presenting Officer was entrusted with election-related duties, the enquiry could not proceed further. However it has been posted to 01.09.2026 for taking further steps in the matter. Be that as it may. 8. On perusal of the impugned proceedings, it is evident that petitioner was reverted from the post of Superintendent to the post of Senior Assistant. Such reversion is a major penalty which requires a regular departmental enquiry in accordance with the procedure prescribed under the CCA Rules. In the instant case, however, the impugned proceedings were passed solely on the basis of the instructions issued by the Commissioner of Labour, without conducting any enquiry as required under Rule 20 of the CCA Rules. Though the respondents contend that petitioner himself had submitted a request seeking his reversion to the post of Senior Assistant and that the said request is cited at Reference No.2 in the impugned proceedings, the same cannot be relied upon to sustain the impugned proceedings, as there is no reference whatsoever to such representation in the impugned proceedings and the reasons mentioned in the counter-affidavit to validate the impugned order is nothing but an attempt to supplement the reasons subsequent to the passing of impugned order, which cannot be permitted. P a g e | 5 9. In view of the foregoing reasons, this writ petition is allowed. Consequently, the impugned order is hereby set aside. As a sequel, miscellaneous applications, pending, if any, shall stand closed. __________________________ JUSTICE BALAJI MEDAMALLI Date: 23.09.2026 Dvs P a g e | 6 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI 177 WRIT PETITION NO: 1891 OF 2024 Date: 23.09.2026 Dvs