Disposed

T Ramesh Kumar Reddy v. the State of Ap

Andhra Pradesh HC4 Jul 2024WP/12859/2024

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition at the admission stage, directing the Disciplinary Authority to pass appropriate orders strictly as per law based on the inquiry report dated 05.01.2022 within six weeks from the receipt of the order copy. No costs were imposed.

What did the court decide?

Direction to Respondent No. 2 to pass appropriate orders based on inquiry report dated 05.01.2022 within six weeks.

T Ramesh Kumar Reddy Vs the State of Ap — Service and Employment | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction)

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FRIDAY, THE FIFTH DAY OF JULY

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TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI ^

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WRIT PETITION NO: 12859 OF 2024 ^

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Between:

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T. Ramesh Kgmar Reddy, S/o T. Thippa Reddy, Aged 59^{years.Assistant} Commissioner of State Tax, Paderu Circle, Visakhapatnam,^A.P.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep by its Principal^Secretary, Commercial Taxes Department,. A.P. Secretariat Building,^Velagapudi, Amaravati, Guntur District -522238.

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The Chief Commissioner of State Tax, (Old designation-commiss^ioner of Commercial Taxes) Commercial Taxes Department, Government^of Andhra Pradesh, D.No. 12-468-4,Adjacent to NH-16, Service^Road, Kunchanapally, Guntur District, Andhra Pradesh - 522501.

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The Secretary, to Chief Commissioner of State Tax,^O/oCCST, Commercial Taxes Department, D.No. 12-468-4, Adjacent^toNH-16, Service Road, Kunchanapally, Guntur District, Andhra^Pradesh- 522501.

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The Commissioner of State Tax (legal And legal Affairs),^(Old designation- Additional Commissioner of Commercial^{Taxes(legalAnd} legal Affairs)), O/o CCST, Commercial Taxes Department,^D.No.12- 468-4, Adjacent to NH-16, Service Road, Kunchanapally,^Guntur District, Andhra Pradesh - 52250

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India^{prayingthatin} the circumstances stated in the affidavit filed therewith,^{theHighCourtmay}

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be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus 1. declaring the proceedings in CCTs Ref. V1/340/2017 dt., 27.11.2017 and the consequential proceedings in CCTs Ref. VI/340/2017-1 dt.. 07.09.2020as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently set aside the same 2. directing the 1®‘ respondent to initiate appropriate action against the present 4**^ respondent for not taking any action on the un-disclosed/ escaped turnover of Rs.484,10,65,550/-, which was not declared by the. dealer-M/s Gamesa Renewable Private limited, Tadipatri, A.P, to AP State, thereby caused a revenue loss of Rs. 24,20,53.278/- provisionally to AP State.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 2 and 3 to dispose of the representations of the petitioner dated 22.04.2024 and 16.05.2024.

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Counsel for the Petitioner: SRI SINGAM SRINIVASA RAO

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Counsel for the Respondent Nos.1 to 4: SRI S. RAJU,^AGPFOR

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SERVICES I

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI HONOURABLESRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No,12859 of 2024

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T R^mesh Kumar Reddy, S/o T. Thippa Reddy, aged 59 years. Assistant Commissioner of State Tax, Paderu Circle, Visakhapatnam, A.P.

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... Petitioner. Versus The State of Andhra Pradesh, Rep. by its Commercial Taxes Principal Secretary, Department, A.p. Secretariat Building, Velagapudi, Amaravati, Guntur District - 522 Zdn and three others. ... Respondents. : Sri Singam Srinivasa Rao Counsel for the petitioner ; GP for Services -I Counsel for respondents

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ORDER

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The Writ Petition is filed seeking the following relief:

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"... to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus:

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declaring the proceedings in CCT’s Ref. Vl/340/2017 dt.27.11.2017 and the consequential CCT’s Ref.Vl/340/2017-1 dt..

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proceedings in 07.09.2020 as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently set aside the same.

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Page 2 of 4

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SRSJ WP No.12859 of 2024

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1. directing the 1®‘ respondent to initiate appropriate action against the present 4‘^ respondent for not taking any action on the un-disclosed/escaped turnover of Rs.484,10,65.550/-, which was not declared by the dealer-M/s Gamesa Renewable Private Limited, Tadipatri, A.P. to AP State thereby caused a revenue loss of Rs.24,20,53,278/- provisionally to AP State: and

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pass such other order or orders ...

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Heard Sri Singam Srinivasa Rao, learned counsel for the petitioner and Sri S. Raju, learned Assistant Government Pleader for Services-I for respondent Nos.1 to 4.

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Learned counsel for the petitioner would submit that the Inquiry Officer submitted an inquiry report on 05.01.2022 to the Disciplinary Authority i.e. respondent No.2 herein. However, respondent No.2 did not pass any order. He would submit that it would suffice, if a direction is given to respondent^No.2to pass an order on the inquiry report.

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Learned Assistant Government Pleader, on instructions of Secretary to Chief Commissioner (ST)(FAC), did not dispute submission of the inquiry report to the Disciplinary Authority, on 05.01.2022. He Would submit that respondent No.2 will pass

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Page 3 of 4

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SRSJ WP No.12859of2024

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/ i'

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appropriate orders in accordance with law, based on tha inquiry report, as expeditiously as possible.

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Given the facts and circumstances of the case, this writ petition is disposed of at the admission stage without going into other disputed facts, directing respondent No.2 to pass appropriate orders strictly as per law, based on the inquiry report dated 05.01.2022, as expeditiously as possible, within a period of six weeks from the date of receipt of a copy of the^order. No costs.

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As a sequel, pending miscellaneous petitions, if any,^shall stand closed.

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SDI- K.J.RAJA BABU //TRUE COPY// ASSISTANT! REGISTRAR SEC \CER

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To,

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The Principal Secretary, Commercial Taxes Department,^Stateof Andhra Pradesh, A.P. Secretariat Building, Velagapudi, Amaravati, Guntur District -522238.

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The Chief Commissioner of State Tax, (Old designation-commiss^ioner of Commercial Taxes) Commercial Taxes Department, Government^of Andhra Pradesh, D.No. 12-468-4,Adjacent to NH-16, Service Road, Kunchanapally, Guntur District, Andhra Pradesh - 522501.

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The Secretary, to Chief Commissioner of State Tax, O/o CCST,

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Commercial Taxes Department, D.No.12-468-4, Adjacent to NH-16, Service Road, Kunchanapally, Guntur District, Andhra Pradesh - 522501.

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The Commissioner of State Tax (legat And legal Affairs), (Old designation- Additional Commissioner of Commercial Taxes (legal And legal Affairs)), O/o CCST, Commercial Taxes Department,^D.No.12- 468-4, Adjacent to NH-16, Service Road, Kunchanapally,^Guntur District, Andhra Pradesh - 52250

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One CC to Sri Singam Srinivasa Rao, Advocate [OPUC]

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Two CCs to GP for Services -I, High Court of Andhra Pradesh. [OUTf 7. Three CD Copies.

ssb

HIGH COURT

DATED:05/07/2024

ORDER

WP.No.12859 of 2024

DISPOSING OF THE W.P. WITHOUT COSTS

T Ramesh Kumar Reddy v. the State of Ap

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T Ramesh Kumar Reddy v. the State of Ap

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