Andhra Pradesh High Court - Amravati
Medapati Satya Prakash vs The State Of Ap on 7 November, 2024
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE SEVENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 28228 OF 2023
Between:
Medapati Satya Prakash, S/o.late.Devasahayam Christian, Male, aged
58 years. The Deputy Commissioner of State Tax, Kakinada and The
Joint Commissioner, State Tax (FAC), Kurnool. R/o.Flat No.302, 3rd
Floor, Madhuvan Mohan Krishna Towers, Gannivari Veedhi, 0pp. SBI,
Gaigalapadu Branch, Kakinada-533005 Aadhaar No.3969 8127 4580
Mobile No.99597 44409 E-Mail ID. medapatispgmail.com
...Petitioner
AND
1. The State of Andhra Pradesh, Rep., by its Secretary (CT) Department
of Finance Government of A.P., 2nd Block, 1st Floor, Room No.285,
A.P Secretariat Office, Velagapudi Phone. 0863-2442500.
2. The Chief Commissioner of State Tax, commercial tax dept 0/o.The
Chief Commissioner of State Tax, Door No.12-468-4, Adjacent To NH-
16, Service Road, Kunchanapally, Guntur District Andhra Pradesh-
522501.
3. The Chairman, commercial tax dept The Departmental Promotion
Committee, for heads of the Department (Non cadre). Government of
A.P., A.P.Secretariat Velagapudi.
...Respondents
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 Writ or Order or Direction, more particularly, one in the
nature of Writ of Mandamus or any other appropriate Writ or Direction,
declaring the action of the Respondents in not disposing off the Petitioner's
Representation, dt.27/08/2023 (Ex.P1), on merits and the requests made
therein, for his promotion to the post of Joint Commissioner of State Tax,
without taking into consideration of the pendency of illegally instituted
Disciplinary Proceedings, pending for the last 8 years, without any progress
under G.O.Rt.No.857-Revenue(Vig-ll) Department, dt.06/08/2016 (Ex.P3),
for not disposing off the Disciplinary Proceedings initiated under
G.O.Rt.No.857-Reyenue(Vig-ll) Department, dt.06/08/201.6 (Ex.13.3),
despite the Letter, dt.19/11/2016 (Ex.P7), addressed by Commissioner of
Commercial Taxes, Andhra Pradesh, Vilayawada to the Special Chief
Secretary of Government of A.P., vide Addl.CCT Legal Peshi No.18/2016,
dt.19/11/2016 (Ex.P7), despite the Verdicts of the Hon'ble Division Bench of
the Hon'ble High Court of A.P in K.Sairam Vs State of Andhra Pradesh,
dt.07/09/2017 (Ex.PIO) and the Hon'ble High Court of Telangana in
Dhansetty Shiva Kumar Vs The State of Telangana and Anr in
W.P.No.38953/2017, dt.28/08/2023 (Ex.PI 1) is arbitrary, illegal, capricious,
violative of Art.14, 19, and 21 of Constitution of India and A.P.C.C.A Rules
and consequently to not disposing off the Disciplinary Proceedings initiated
under G.O.Rt.No.857-Reyenue(Vig-ll) Department, dt.06/08/2016, in the
interest of justice.
lA NO: 1 OF 2023
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 direct the Respondents, to consider the Petitioner's case of
promoting him to the post of Joint Commissioner of. State Taxes in the DPC
(Departmental Promotions Committee), without reference to the pending
Disciplinary Proceedings, for the last 8 years, without any progress, despite
submitting his detailed Explanation, dt.31/12/2016 (Ex.PI), under
G.O.Rt.No.857-Revenue(Vig-ll) Department, dt.06/08/2016 (Ex.PS), by
following the dicta of Hon'ble Divisional Bench of Hon'ble High Court of A.P
in K.Sairam Vs the State of A.P., dt.07/09/2017 (Ex.PIO), in
W.P.No.30247/2017 and Order of the Hon'ble High Court of Telangana in
W.P.No.38953/2017, dt.28/08/2023 (Ex.PII) in Dhansetty Shivakumar Vs
State of Telangana, pending disposal of the main Writ, in the interest of
justice.
lA NO: 2 OF 2023
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 G.O.Rt.No.857-Revenue(Vig-ll) Department,
dt.06/08/2016 (Ex.P3), pending disposal of the main Writ Petition, in the
interest of justice.
lA NO: 3 OF 2023
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 dispose off the Disciplinary Proceedings, pending for the last 8
years, without any progress, despite submitting the Petitioner's detailed
Explanation, dt.31/12/2016 (Ex.PI), in G.O.Rt.No.857-Revenue(Vig -11)
Department, dt.06/08/2016 (Ex.P3), according to Law, immediately, by
taking into consideration of the Letter, dt.19/11/2016 (Ex.P7), addressed by
Commissioner of Commercial Taxes, Andhra Pradesh, Vijayawada to the
Special Chief Secretary of Government of A.P., vide Addl.CCT Legal Peshi
No.18/2016, dt.19/11/2016 (Ex.P7), holding in favour of Quasi-Judicial
Authorities, denouncing Disciplinary Proceedings, pending disposal of the
main Writ Petition, in the interest of justice.
Counsel for the Petitioner: SRI. G RONALD RAJU
Counsel for the Respondents: GP FOR SERVICES I
The Court made the following order:
APHC010529902023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction)
THURSDAY ,THE SEVENTH DAY OF NOVEMBER
TWO THOUSANDAND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 28228/2023
Between:
1.MEDAPATI SATYA PRAKASH, S/0. LATE. DEVASAHAYAM
CHRISTIAN, MALE, AGED . 58 YEARS THE DEPUTY
COMMISSIONER OF STATE TAX, KAKINADA AND THE JOINT
COMMISSIONER, STATE TAX (FAC), KURNOOL. R/O.FLAT NO.302,
3RD FLOOR, MADHUVAN MOHAN KRISHNA TOWERS, GANNIVARI
VEEDHI
OPP. SBI, GAIGALAPADU BRANCH, KAKINADA-533005
AADHAAR NO.3969 8127 4580 MOBILE NO.99597 44409 E-MAIL ID.
MEDAPATISPGMAIL.COM
...PETITIONER
AND
1.THE STATE OF AP, REP., BY ITS SECRETARY (CT) DEPARTMENT
OF FINANCE GOVERNMENT OF A.P., 2ND BLOCK, 1ST FLOOR,
ROOM N0.285, A.P SECRETARIAT OFFICE, VELAGAPUDI PHONe!
0863-2442500
2.THE CHIEF COMMISSIONER OF STATE TAX, COMMERCIAL TAX
DEPT 0/0.THE CHIEF COMMISSIONER OF STATE TAX, DOOR
NO. 12-468-4, ADJACENT TO NH-16, SERVICE ROAD,
KUNCHANAPALLY, GUNTUR DISTRICT ANDHRA PRADESH-
522501
3.THE CHAIRMAN, COMMERCIAL TAX DEPT THE DEPARTMENTAL
Page 2 of 6 W.P.No.28228of 2023
PROMOTION COMMITTEE, FOR HEADS OF THE DEPARTMENT
(NON CADRE), GOVERNMENT OF A.P., A.P.SECRETARIAT
VELAGAPUDI
...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 Writ or Order or Direction, more particularly, one in
the nature of Writ of Mandamus or any other appropriate Writ or Direction,
declaring the action of the Respondents in not disposing off the Petitioner's
Representation, dt.27/08/2023 (Ex.P1), on merits and the requests made
therein, for his promotion to the post of Joint Commissioner of State Tax,
without taking into consideration of the pendency of illegally instituted
Disciplinary Proceedings, pending for the last 8 years, without any progress
under G.O.Rt.No.857-Revenue(Vig-ll) Department, dt.06/08/2016 (Ex.P3), for
not disposing off the Disciplinary Proceedings initiated under G.O.Rt.No.857-
Reyenue(Vig-ll) Department, dt.06/08/201.6 (Ex.13.3), despite the Letter,
dt. 19/11/2016 (Ex.P7), addressed by Commissioner of Commercial Taxes,
Andhra Pradesh, Vilayawada to the Special Chief Secretary of Government of
A.P., vide Addl.CCT Legal Peshi No.18/2016, dt.19/11/2016 (Ex.P7), despite
the Verdicts of the Hon'ble Division Bench of the Hon'ble High Court of A.P in
K.Sairam Vs State of Andhra Pradesh, dt.07/09/2017 (Ex.PIO) and the
Hon'ble High Court of Telangana in Dhansetty Shiva Kumar Vs The State of
Telangana and Anr in W.P.No.38953/2017, dt.28/08/2023 (Ex.P1 1) is
arbitrary, illegal, capricious, violative of Art.14, 19, and 21 of Constitution of
India and A.P.C.C.A Rules and consequently to not disposing off the
Disciplinary Proceedings initiated under G.O.Rt.No.857-Reyenue(V ig-ll)
Department, dt.06/08/2016, in the interest of justice
lA NO: 1 OF 2023
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 Petitioner's case of
promoting him to the post of Joint Commissioner of, State Taxes in the DPC
(Departmental Promotions Committee), without reference to the pending
Disciplinary Proceedings, for the last 8 years, without any progress, despite
submitting his detailed Explanation, dt.31/12/2016 (Ex.P1) under
Page 3 of 6 W.P.No.28228 of 2023
• G.O.Rt.No.857-Revenue(Vig-'ll) Department, dt.06/08/2016 (Ex.P3), by
following the dicta of Hon'ble Divisional Bench of Hon'ble High Court of A.P in
K.Sairam Vs the State of A.P., dt.07/09/2017 (Ex.PIO), in W.P.No.30247/2017
and Order of the Hon'ble High Court of Telangana in W.P.No.38953/2017,
dt.28/08/2023 (Ex.P11) in Dhansetty Shivakumar Vs State of Telangana,
pending disposal of the main Writ, in the interest of justice..
lA NO: 2 OF 2023
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 G.O.Rt.No.857-Revenue(Vig-ll) Department,
dt.06/08/2016 (Ex.P3), pending disposal of the main Writ Petition, in the
interest of justice.
lA NO: 3 OF 2023
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 dispose off the Disciplinary Proceedings, pending for the last 8
years, without any progress, despite submitting the Petitioner's detailed
Explanation, dt.31/12/2016 (Ex.P1), in G.O.Rt.No.857-Revenue(Vig -11)
Department, dt.06/08/2016 (Ex.P3), according to Law, immediately,' by taking
into consideration of the Letter, dt. 19/11/2016 (Ex.P7), addressed by
Commissioner of Commercial Taxes, Andhra Pradesh, Vijayawada to the
Special Chief Secretary of Government of A.P., vide Addl.CCT Legal Peshi
No.18/2016, dt.19/11/2016 (Ex.P7), holding in favour of Quasi-Judicial
Authorities, denouncing Disciplinary Proceedings, pending disposal of the
main Writ Petition, in the interest of justice.
Counsel for the Petitioner:
1.G RONALD RAJU
Counsel for the Respondent(S):
1.GP FOR SERVICES I
The Court made the following:
Page 4 of 6 W.P.No.28228of 2023
:ORDER;
The above writ petition is filed to declare the action of the respondents
in not disposing of the representation dated 27.08.2023 (Ex.P1) made by the
petitioner, requesting to consider his case for promotion to the post of Joint
Commissioner of State Tax without taking into consideration the pendency of
disciplinary proceedings, against him.
2. The grievance of the petitioner is that, charge memo vide
G.O.R.T.No.857 Revenue (Vigilance-ll) Department, dated 06.08.2016
(Ex.P3), was issued against the petitioner, alleging that he committed grave
irregularities in granting the refund of taxes of Rs. 16,30,949/-, etc. The
petitioner submitted explanation/written defense on 31.12.2016 (Ex.P4).
However, the disciplinary proceedings are not concluded so far. In view of the
pendency of disciplinary proceedings, petitioner's case for promotion has not
been considered.The petitioner made representation dated 27.08.2023.
However, the same is not disposed of and hence, the writ petition.
3. Heard Smt. S. Samantha Krishna, learned counsel representing
Sri G. Ronald Raju, learned counsel for the petitioner and Sri R.S. Manidhar
Pingali, learned Assistant Government Pleader for Services, for respondents 1
and 2.
4. At the hearing, learned counsel for the petitioner, confined arguments
and urged the Court to direct the respondents to conclude the inquiry in terms
ofG.O.Ms.No.91 dated 12.09.2022.
5. Learned Assistant Government Pleader for Services did not refute the
above submission.
6. Given the facts and circumstances of the case, without touching the
merits of the matter, this Writ Petition is disposed of, at the admission stage
/
Page 5 of 6 W.P.No.28228 of 2023
7
r with the consent of learned counsel on either side, directing the respondents
to conclude the disciplinary proceedings initiated against the petitioner vide
G.O.R.T.No.857 Revenue (Vigilance-ll) Department, dated 06.08.2016, within
three months from the date of receipt of a copy of this order, keeping in view
the charge memo related to the year, 2016 andG.O.Ms.No.91 dated
12.09.2022. No costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
SD/- K. TATA RAO
DEPUTY REGISTRAR
//TRUE COPY//
To.
jf^SECTlOU OFFICER
1. The Secretary (CT) Department of Finance Government of A.P., 2nd
Block, 1st Floor, Room No.285, State of Andhra Pradesh, A.P
Secretariat Office, Velagapudi Phone. 0863-2442500
2. The Chief Commissioner of State Tax, commercial tax dept 0/o.The
Chief Commissioner of State Tax, Door No.12-468-4, Adjacent To NH-
16, Service Road, Kunchanapally, Guntur District Andhra Pradesh-
522501
3. The Chairman, commercial tax dept The Departmental Promotion
Committee, for heads of the Department (Non cadre). Government of
A.P., A.P.Secretariat Velagapudi
4. One CC to SRI. G Ronald Raju Advocate [OPUC]
5. Two CCs to GP for Services I ,High Court Of Andhra Pradesh. [OUT]
6. Three CD Copies
GSC
HIGH COURT
DATED:07/11/2024
ORDER
WP.No.28228 of 2023
to 2 1 NOV 20?^ Current Section ^ I DISPOSING OF THE WP WITHOUT COSTS