Citation : 2022 Latest Caselaw 1828 Tel
Judgement Date : 11 April, 2022
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No.251 OF 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
30.12.2021 passed by the learned Single Judge in W.P.No.8015
of 2021.
The undisputed facts of the case reveal that an order
dated 19.03.2021 was passed by the Disciplinary Authority
inflicting upon the respondent/writ petitioner the punishment
of reduction in rank to the post of Deputy Tahsildar for a period
of two years, or till retirement, whichever is earlier. The learned
Single Judge, keeping in view Rule 9(vii)(b) of the Andhra
Pradesh Civil Services (Classification, Control and Appeal)
Rules, has allowed the writ petition holding that the order of
punishment of reversion has been passed on a permanent
basis. The learned Single Judge has not looked into other
grounds at all.
This Court has carefully gone through the order passed
by the Disciplinary Authority and the order reveals that
reversion is for a period of two years and it is not on a
permanent basis. Therefore, the order passed by the learned
Single Judge is set aside and the matter is remanded back to
the learned Single Judge. The matter shall be decided by
taking into account all the grounds raised by the writ petitioner.
Office is directed to list the matter before the learned Single
Judge having roster on 25.04.2022 and the parties shall appear
before the learned Single Judge on 25.04.2022.
With the aforesaid, the writ appeal stands allowed.
Miscellaneous petitions pending, if any, shall stand
closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ
___________________________ B. VIJAYSEN REDDY, J 11.04.2022 JSU
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