APHC010456152010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3565] TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 20789/2010 Between: 1. THE COMMISSIONER OF PROH.&EX., HYDERABAD, & 2 OTRS., BESIDE CHANDRA VIHAR, NAMPALLY, A.P. HYDERABAD. 2. THE DEPUTY COMMISSIONER OF PROHIBITION & EXCISE, KAKINADA, EAST GODAVARI DISTRICT. 3. THE GOVERNMENT OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY REVENUE (EXCISE) DEPT., SECRETARIAT, HYDERABAD. ...PETITIONER(S) AND 1. R CHIRANJEEVI RAO EAST GODAVARI DIST ANR, PROHIBITION & EXCISE EDURULANKA CHECK POST, EAST GODAVARI DISTRICT. 2. ANDHRA PRADESH ADMINISTRATIVE TRIBUNAL, REPTD. BY ITS REGISTRAR PURANI HAVELI, HYDERABAD. ...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 toto issue a Writ order or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to the orders of the Hon'ble A.P. Admn. Tribunal, Hyderabad passed in O.A. No. 1959 / 2006 dated 10-07-2009 as being erroneous, illegal and unreasonable and quash the same. IA NO: 1 OF 2010(WPMP 26434 OF 2010 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 orders of the A.P. Administrative Tribunal, Hyderabad passed in O.A. No. 1959 / 2006 dated 10-07-2009, pending disposal of the Writ Petition. 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 grant leave to this respondent herein to file a Counter Affidavit to the Writ Petition filed by the petitioners and pass Counsel for the Petitioner(S): 1. GP FOR SERVICES I Counsel for the Respondent(S): 1. Y N ANJANEYACHARYULU 2. . THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION No.20789 of 2010 JUDGMENT:(Per Hon’ble Sri Justice Battu Devanand) This Writ Petition is filed by the State against the order dated 10.07.2009 in O.A.No.1959 of 2006 by the Andhra Pradesh Administrative Tribunal. The respondent No.1 herein is working as Excise Inspector during the year 1986 onwards. He was kept under suspension in the year 2002 as he was involved in A.C.B. case. A charge memo dated 08.12.2003 was issued by the 2nd respondent therein/2nd petitioner herein i.e., Deputy Commissioner Of Prohibition & Excise, Kakinada, East Godavari District. 2. It is contended that the 2nd petitioner herein i.e., Deputy Commissioner Of Prohibition & Excise is not the competent authority as per Rule 2(c) of A.P. Excise Service Rules and as per Rule 20 (4) of the A.P.C.S. (CC&A) Rules. The respondent No.1 approached the Andhra Pradesh Administrative Tribunal against the charge memo dated 08.12.2003 issued by the Deputy Commissioner Of Prohibition & Excise. After hearing both sides, the said O.A. was allowed by the Administrative Tribunal by its order dated 10.07.2009 holding that the enquiry was conducted by the incompetent authority and consequently the impugned memo is vitiated by illegality and it was liable to be set aside. Accordingly, it was set aside while allowing the O.A.No.1959 of 2006. Against the order of the Administrative Tribunal, the State preferred the present Writ Petition. 3. Heard learned Government Pleader for Services - I appearing on behalf of Writ Petitioners and Mr.Y.N.Anjaneyacharyulu, learned counsel appearing on behalf of respondents. Carefully perused the material available on record. 4. The facts in this case are undisputed. The 1st respondent who worked as Excise Inspector in the Prohibition and Excise Department was involved in A.C.B. case in the year 2002. The Deputy Commissioner, Prohibition and Excise Department issued charge memo dated 08.12.2003 framing certain charges against him. It is also admitted fact that as per Rule 2(c) of A.P. Excise Service Rules and as per Rule 20 (4) of A.P.C.S.(CC&A) Rules, the Commissioner of Prohibition and Excise Department is the competent authority to frame charges against the 1st respondent. In the light of the admitted facts and as per the information furnished by the office of Commissioner of Prohibition and Excise Department to the petitioner on 28.08.2025 and as per the information furnished by the office of Deputy commissioner of Prohibition and Excise Department, Kakinada on 29.08.2025 in favour of one Sri B.Devaiah, which was placed before this Court by the learned counsel for the respondents which reveals that appointing authority of the Prohibition and Excise Inspector in the State of Andhra Pradesh is the Commissioner of Prohibition and Excise, Andhra Pradesh, Mangalagiri and the disciplinary authority in respect of the post of Prohibition and Excise Inspector in the State of Andhra Pradesh is also the Commissioner of Prohibition and Excise, A.P. Mangalagiri. 5. In view of the same, we do not find any irregularity or illegality in the order passed by the Administrative Tribunal in allowing the O.A.No.1959 of 2006 filed by the respondent No.1 herein in setting aside the impugned show cause notice dated 20.01.2006 which was issued by the incompetent authority the 2nd respondent therein i.e., the Deputy Commissioner of Prohibition and Excise Department. No valid grounds raised to entertain this appeal. 6. In view of the same, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND ____________________________ JUSTICE SUBHENDU SAMANTA Date: 17.02.2026 M K K 49 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION No.20789 of 2010 Date: 17.02.2026 M K K