B Malathi vs The State Of Andhra Pradesh on 15 July, 2026

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    Andhra Pradesh High Court – Amravati

    B Malathi vs The State Of Andhra Pradesh on 15 July, 2026

                    HIGH COURT OF ANDHRA PRADESH
                                      ****
    
                               W.P.NO.17408 of 2026
    
    
    
    DATE OF JUDGMENT PRONOUNCED: 15.07.2026
    
    SUBMITTED FOR APPROVAL:
    
                    THE HON'BLE SRI JUSTICE NYAPATHY VIJAY,J
    
    
    
    1.   Whether Reporters of Local newspapers may be           Yes/No
         allowed to see the Judgments?
    
    
    2.   Whether the copies of judgment may be marked           Yes/No
         to Law Reporters/Journals
    
    
    3.   Whether Your Lordships wish to see the fair copy       Yes/No
         of the Judgment?
    
    
    
    
                                                            ________________
                                                            NYAPATHY VIJAY,J
                                          2
    
    
    
    
               *THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
                               + W.P.No.17408 of 2026
                                      % 15.07.2026
    
    Between:
    
    B Malathi, W/O Hemanth Kumar, Aged 40 Years,
    Occ. Deputy Tahsildar, Iragavaram, R/O. Mandapaka Post,
    Tanuku Mandal, West Godavari District.
                                                              ...Petitioner
    And
    The State of Andhra Pradesh, rep. by its Secretary,
    Government of Andhra Pradesh, Revenue Department,
    Secretariat, Velagapudi and 4 others.
                                                   ...RESPONDENT(S)
    
    
    Counsel for the Petitioner : Sri Manoj Kumar Bethapudi
    Counsel for the Respondent(S): G.P. for Services -I
    < Gist :
    > Head Note:
    ? Cases Referred:
    1
      (1979) 2 SCC 150
    2
      (2024) 7 SCC 103
    3
      2009 (6) ALD 636 (DB)
    4
      (2007(5) SCC 425)
    5
      (1991) 4 SCC 109
    6
      (2009(16) SCC 329
    7
      (1998 (9) SCC 261)
    8
      (2011 (14) SCC 235)
    9
      2022(5) SCC 634
    10
       1995 Supp (2) SCC 83
    11
       1993 Supp (3) SCC 491
    12
       2011 (3) CTC 129
                                         3
    
    
    
    
    Date of reserved for orders :
    Date of pronouncement        :
    Date of uploading        :
    APHC010327962026
    
                        IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                [3460]
                               (Special Original Jurisdiction)
    
                       WEDNESDAY, THE 15th DAY OF JULY 2026
                                     PRESENT
               THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
                           WRIT PETITION NO: 17408/2026
    Between:
       1. B MALATHI, W/O HEMANTH KUMAR, AGED 40 YEARS, OCC.
          DEPUTY TAHSILDAR, IRAGAVARAM, R/O. MANDAPAKA POST,
          TANUKU MANDAL WEST GODAVARI DISTRICT - 534218
                                                          ...PETITIONER
                                       AND
       1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY,
          GOVERNMENT    OF   ANDHRA   PRADESH,       REVENUE
          DEPARTMENT, SECRETARIAT, VELAGAPUDI - 522238.
       2. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION,
          D.NO.189, 2ND FLOOR HIMAGNA TOWERS, N.T.R. MAARG, LIC
          COLONY, B-BLOCK, GOLLAPUDI, ANDHRA PRADESH 521225.
       3. THE DISTRICT COLLECTOR, COLLECTORATE, MARUTHI
          NAGAR BHIMAVARAM, WEST GODAVARI DISTRICT - 534244
       4. K RAJ KUMAR, TAHSILDAR, ALLOTTED TO WEST GODAVARI
          DISTRICT.   C/O. THE CHIEF COMMISSIONER OF LAND
          ADMINISTRATION, D.NO.189, 2ND FLOOR HIMAGNA TOWERS,
          N.T.R. MAARG, LIC COLONY, B-BLOCK, GOLLAPUDI, ANDHRA
          PRADESH 521225
       5. V SAI MAHESH BABU, TAHSILDAR, ALLOTTED TO KAKINADA
          DISTRICT    C/O. THE CHIEF COMMISSIONER OF LAND
          ADMINISTRATION, D.NO.189, 2ND FLOOR HIMAGNA TOWERS,
          N.T.R. MAARG, LIC COLONY, B-BLOCK, GOLLAPUDI, ANDHRA
                                           4
    
    
    
    
         PRADESH 521225
                                                            ...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 an appropriate writ, order or direction
    more particularly one in the nature of writ of Mandamus declaring the
    action of the Respondent No.2 in deferring the case of the petitioner for
    promotion to the post of Tahsiidar on the ground of minor punishment of
    minor censure as illegal, arbitrary and violative of Articles-14,16 and 21 of
    the Constitution of India and consequently direct the Respondent No.2 to
    consider the case of the petitioner for promotion to the post of Tahsildar
    without reference to the minor punishment of minor censure with effect
    the date on which her juniors was promoted, and pass
    IA NO: 1 OF 2026
          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 directs the Respondent No.2 to consider the case of
    the petitioner for promotion to the post of Tahsildar without reference to
    the minor punishment of "minor censure", and pass
    Counsel for the Petitioner:
       1. MANOJ KUMAR BETHAPUDI
    Counsel for the Respondent(S):
       1. GP FOR SERVICES I
    The Court made the following:
    
    
    Whether the order is :
    Speaking Yes/No / Reasoned Yes/No
    Reportable Yes/No / Non-Reportable Yes/No
                                       5
    
    
    
    
                 HON'BLE SRI JUSTICE NYAPATHY VIJAY
                     WRIT PETITION No.17408 of 2026
    ORDER :

    This Writ Petition is filed questioning the action of Respondent

    No.2 in differing the case of the Petitioner for promotion to the post

    SPONSORED

    of Tahsildar on account of „punishment of minor censure‟ as illegal

    and arbitrary.

    2. Petitioner was initially appointed as Junior Assistant in the

    year 2005 on compassionate grounds. Subsequently, Petitioner was

    promoted as Senior Assistant in the year 2010 and as Deputy

    Tahsildar in the year 2018. Now Petitioner is due for promotion to

    the post of Tahsildar. A final integrated seniority list of Deputy

    Tahsildars came to be issued on 31.05.2026 and the Petitioner was

    placed at Sl.No.238. A DPC was held on 04.06.2026 and candidates

    upto Sl.No.234 in the seniority list were considered for promotion.

    While so, after issuance of integrated seniority list, a show cause

    notice was issued by Respondent No.3 on 01.06.2026 to show

    cause as to why disciplinary action should not be initiated against

    her with regard to a complaint said to have been made by Sri

    D.Prabhakar Rao. Petitioner submitted her explanation stating that
    6

    she had worked in the Office of Tahsildar, Iragavaram till 28.02.2026

    and later was deputed to the Office of R.D.O.Tadepalligudem.

    3. It is stated that the complainant made an RTI application on

    03.01.2026 requesting copy of revenue records pertaining to the

    RCM Church located in Sy.No.61/3, Kathuvapadu Village. After

    receiving the said application, the same was put up before the

    Village Revenue Officer (DRO). The complainant was approaching

    her for two or three days and seeking the status of the action taken

    and even when the complainant had raised voice, the Petitioner had

    replied with all courtesy and never talked in a rude manner. Taking

    note of the submissions, Respondent No.3 vide impugned

    proceedings imposed a penalty of minor censure stating that the

    complainant said to have informed that the Petitioner stated “meeku

    cheppala”, which was perceived to be disrespectful to the

    complainant as he was aged 77 years. Questioning the order of

    minor penalty, Petitioner appealed before Respondent No.2 and

    further prayed to consider her case for promotion without reference

    to the punishment.

    4. It was further stated that Respondent No.2 vide proceedings

    dated 24.06.2026 had considered the cases of Deputy Tahsildars

    and promoted 16 persons junior to the Petitioner including 4
    7

    candidates under SC category, who were shown from Sl.No.239

    onwards in the seniority list. It was in that context, the Petitioner was

    informed that in view of the penalty of censure, the Petitioner was

    not considered for promotion.

    5. In the present writ petition, Petitioner claims for consideration

    of promotion on the premise that „penalty of censure‟ cannot have a

    bearing on the promotion of the Petitioner. Judgments of Full Bench

    of Madras High Court, which was followed by Coordinate Benches of

    this Court were referred to in support of the case.

    6. Learned Senior counsel for the Petitioner Sri M.Vijay Kumar

    also argued the validity of the punishment on such trivial grounds

    and sought for setting aside the same notwithstanding the pendency

    of appeal before the 2nd Respondent.

    7. Learned Assistant Government Pleader, Sri S.Raju,

    contended that the penalty of minor censure was imposed after

    taking note of the conduct of the Petitioner and for imposing of minor

    penalty, elaborate enquiry is not required and the same can be

    based on considering the explanation in view of Rule 16 of APCS

    CCA Rules. Learned Assistant Government Pleader further

    submitted that G.O.Ms.No.53, General Administration (Ser.C)

    Department, dated 04.02.1997 was issued clarifying that the
    8

    punishment of censure shall debar a Government employee for

    promotion/appointment by transfer for one year to both selection and

    non-selection posts. It is therefore submitted that the action of the

    Respondents in deferring the promotion of the Petitioner is in

    consonance with the Rules.

    8. The issues now fall for consideration are:

    (a) Whether penalty of censure shall debar an individual
    Government employee for promotion for a period of one
    year ?

    (b) Whether the punishment imposed on the Petitioner can
    be sustained?

    9. Issue No.(a): In the APCS CCA Rules, there is no specific

    consequence of penalty of censure imposed on Government

    employee. Taking note of this aspect, the State Government after

    due consideration, issued G.O.Ms.No.53 dated 04.02.1997. As per

    the said G.O., the punishment of censure was held to debar an

    employee for promotion for a period of one year, which reads as

    under:

    ORDER:

    According to sub-rule (i) of rule 9 of the
    Andhra Pradesh Civil Services (Classification,
    Control and Appeal) Rules, 1991, “Censure” is
    9

    declared as a minor penalty. Para 11 of the G.O.
    first read above provides that an individual, who is
    undergoing punishment, should not be
    recommended for promotion and where the period
    of punishment imposed is already over, each
    period of punishment imposed is already over,
    each case has to be evaluated by Departmental
    Promotion Committee on merits. In the
    Government Memo, second read above,
    instructions were issued to the effect that solitary
    instance of minor punishment such as censure,
    fine, withholding of increments or recovery from
    pay of the pecuniary loss caused to the State
    Government or Central Government undergone or
    being undergone by a Government employee by
    itself does not automatically render a person unfit
    for promotion to a non-selection post.

    2] The Government of India, Ministry of Home
    Affairs, in its instructions issued in
    O.Μ.No.39/21/56, Ests. (A), Dt.13-12-56 has
    clarified that an order of “Censure” is formal and
    public act intended to convey that the person
    concerned has been guilty of some blameworthy
    act or omission for which it has been found
    necessary to award him a formal punishment and
    nothing can amount to a “censure” unless it is
    intended to be such a formal punishment and
    imposed for ‘good and sufficient reason’ after
    following the prescribed procedure and that a
    record of the punishment so imposed is kept on
    the officer’s confidential roll and the fact that he
    10

    has been ‘Censured’ will have its bearing on the
    assessment of his merit or suitability for promotion
    to higher posts.

    3] As the penalty of censure has a bearing on
    the assessment of the Government Servant about
    his merit or suitability for promotion to higher posts
    and as the currency of punishment based on
    previous record stands as an impediment for
    promotion, it is considered necessary to specify
    the time limit during which the said penalty of
    “Censure” is effective besides defining the penalty.

    4] Hitherto, there are no specific orders in
    regard to definition of “Censure” and its
    implications. After careful consideration, the
    Government decided to issue the following orders
    in regard to definition of “Censure” and it’s
    implications in assessing the “merit” and suitability
    of the Government Servant for his
    promotion/appointment by transfer.
    DEFINITION:

    “Censure” is a formal and public act intended to
    convey that the person concerned has been guilty
    of some blameworthy act or omission for which it
    has been found necessary to award him a formal
    punishment, and nothing can amount to a
    “Censure” unless it is intended to be such a formal
    punishment and imposed for “good and sufficient
    reason” after following the prescribed procedure.
    Effect:

    11

                 Every     censure     awarded      shall    debar    a
                 Government          servant       for      promotion/
    

    appointment by transfer for one year to both
    selection and non-Selection posts.
    5] All the Departments of Secretariat and Heads of
    Departments are requested to bring these orders
    to the notice of all concerned.

    10. Though, the above extracted G.O. is an executive instruction,

    the power of the executive is co-extensive with the legislature as

    provided in Article 162 of the Constitution of India. Executive

    instructions designed to fill gaps in legislation or to supplement them

    can be considered to be statutory in nature. It would be apt to refer

    to the observations in Distt. Registrar v. M.B. Koyakutty1,:

    “22. There can be no quarrel with the proposition that if the
    statutory rules framed by the Governor or any law enacted by
    the State Legislature under Article 309 is silent on any particular
    point, the Government can fill up that gap and supplement the
    rule by issuing administrative instructions not inconsistent with
    the statutory provisions already framed or enacted. The
    Executive instructions in order to be valid must run subservient
    to the statutory provisions.”

    1

    (1979) 2 SCC 150
    12

    11. Similar view was expressed in Kavita Kamboj v. High Court

    of Punjab & Haryana2, at paragraph 53 thereof.

    “53. The appropriate authority cannot amend or
    supersede statutory rules by administrative actions. However, it
    is open to it to issue instructions to fill up the gaps and
    supplement the rules where they are silent on any particular
    point.19 Such instructions have a binding force provided they
    are subservient to the statutory provisions and have been
    issued to fill up the gaps between the statutory provisions.20”

    12. It is pertinent to note here that a similar G.O.Ms.No.342 dated

    04.08.1997, was issued by the State Government to the effect that if

    employee is awarded the penalty of stoppage of increment with

    cumulative effect, the cases of such employees shall not be

    considered for promotion/appointment by transfer for twice the

    period for which the increments are stopped with cumulative effect,

    for both for selection and non-selection posts. The said G.O. was

    considered by a Division bench of this Court in State of A.P. and

    another v. K.Abhimanyudu3 and it was held that the

    G.O.Ms.No.342 has statutory value and that it is policy decision of

    the State. Paragraph 17 thereof is extracted below;

    “17. …The Government is entitled to conduct its
    business by issuing appropriate orders in the name of

    2
    (2024) 7 SCC 103
    3
    2009 (6) ALD 636 (DB)
    13

    Governor, which shall be specified under the Rules. C.C.A.
    Rules have been specifically enacted in exercise of powers of
    the State under proviso to Article 309 of the Constitution of
    India. As the Rules made under the A.P. Civil Services
    (Classification, Control and Appeal) Rules do not provide
    the effect of penalty, the Government issued G.O.Ms.
    No.342 under executive power. Therefore, the order of the
    Government, issued in the name of Governor of Andhra
    Pradesh, under Article 162 of the Constitution of India has
    an effect of law. As the aforesaid G.O. issued by the
    Government in exercise of its executive power under Article
    154/162 of the Constitution of India is having force of law, as
    the effect of penalty is not covered by any statutory Rules, both
    the memos, dated 4.11.1999 and 9.2.2009 are issued by the
    Secretary to the Government. The Government cannot take
    away the effect of its order by issuing Circular Memo. G.O. Ms.
    No.342 issued by the Government is in the nature of policy of
    the State for giving effect to the penalties. Therefore, any policy
    decision of the Government issued in the form of G.O., cannot
    be diluted by way of Circular Memos. Therefore, we are of the
    opinion that the Circular Memos have no statutory force and the
    Circular Memo, dated 4.11.1999, which was relied on by the
    respondent has no effect of G.O. Ms. No.342.”

    13. Secondly, if the contention of the learned senior counsel is to

    be accepted, “censure” imposed on an established misconduct of an

    employee literally has no consequence. Such an approach would

    make the penalty of “censure” a dead provision in the rules. The

    discipline among the employees is instilled in fear of consequence of

    any act of misconduct and it would be unfair to treat an employee

    censured, on par with an employee with clean record for the purpose
    14

    of promotion. If a punishment has no consequence, it erodes

    deterrence and leads to the normalization of wrongdoing.

    14. Thirdly, in none of the Judgments of the Hon‟ble Supreme

    Court censure was held not to be a bar for promotion. To start with,

    in Union of India v. A.N.Mohanan4, a departmental action was

    initiated against the individual therein and his case for promotion

    was kept in sealed cover. After enquiry, penalty of Censure was

    imposed and then the individual sought for promotion by opening the

    sealed cover. The Central Administrative Tribunal directed the

    opening of sealed cover and gave effect to promotion from

    retrospective date as censure is not a bar for promotion. The Hon‟ble

    Supreme Court taking note of the observations in paragraph 26 of

    K.V.Janakiraman v. Union of India5, set-aside the said order of the

    Tribunal as the imposition of penalty was a blame worthy factor and

    sealed cover cannot be acted upon. The relevant paragraph is

    extracted below;

    11. Awarding of censure, therefore, is a blameworthy
    factor. A bare reading of Para 3.1 as noted above makes
    the position clear that where any penalty has been
    imposed the findings of the sealed cover are not to be

    4
    (2007(5) SCC 425)
    5
    (1991) 4 SCC 109
    15

    acted upon and the case for promotion may be considered
    by the next DPC in the normal course.

    15. A similar view was taken in Union of India v. Mihir Kumar

    Bandhopandhyay6, State of M.P. v. I.A.Quereshi 7 and in State

    Bank of India v. CK Karunakaran Civil Appeal No.6821 of 2009

    dated 30.09.2021.

    16. In State of Rajasthan v. Shankar Lal Parmar 8, the Hon‟ble

    Supreme Court was considering an issue as to whether an

    employee would be entitled for the grant of “selection grade”,

    automatically, after the completion of 9 years, 18 years and 27 years

    of service, even when he has earned a penalty of censure.

    17. A circular similar to G.O.Ms.No.53 deferring the benefit of

    selection grade for a period of one year was under consideration in

    the said judgment. After examining the circulars, the Hon‟ble

    Supreme court held that deferring the selection grade by one year

    on account of censure is correct and there cannot be automatic

    grant of selection grade despite awarding penalty of „Censure‟. It

    was observed that distinction has to be made between employees

    imposed with a penalty of censure and those with clean records and

    6
    (2009(16) SCC 329
    7
    (1998 (9) SCC 261)
    8
    (2011 (14) SCC 235)
    16

    both cannot be treated alike. The relevant paragraphs are extracted

    below;

    “1. Leave granted. The solitary question that arises for
    our consideration in the instant and the connected appeals is
    whether an employee would be entitled for the grant of
    “selection grade”, automatically, at the first instance, after the
    completion of 9 years, at the second instance, after the
    completion of 18 years and at the third and last instance, after
    the completion of 27 years of service, even when he has
    earned censure in the past years of service.

    2. In fact, on the strength of an order pronounced by a
    Division Bench on 12-12-2003 in Devi Singh v. State of
    Rajasthan1
    , several matters came to be filed in the High Court
    of Judicature of Rajasthan both at the Principal Bench at
    Jodhpur and at the Bench at Jaipur claiming entitlement for the
    selection grade. Unfortunately, the learned Judges, either sitting
    in Single Bench hearing the writ petitions of the employees or in
    Division Bench, hearing the writ appeals of the State, without
    properly appreciating or adverting to the ratio decidendi of the
    case, in a stereotype manner, went on allowing the writ
    petitions filed by the employees and dismissing the appeals
    preferred by the State.

    20. However, we need to clarify that during the interregnum
    period between the first office order, issued on 25-1-1992 and
    the subsequent clarificatory Office Order/Letter dated 24-7-
    1995, some of the employees were granted the benefit of
    selection grade. The appellant State would not be entitled to
    claim refund from such employees who have already been
    granted benefit in this period. The subsequent office order/letter
    further makes it clear that all those employees who have
    earned censure in service shall also be entitled for the
    selection grade but the grant of selection grade to them
    would be deferred by one year. This appears to be an
    absolutely reasonable and perfect classification as
    otherwise every employee who has a clean image and
    another employee, who has earned censure would be
    treated on a par. This is not permissible in the service
    17

    jurisprudence and is also violative of Article 14 of the
    Constitution.

    21. It is a settled principle of law that “like should be treated
    alike”. This is the mandate and command of Article 14 of the
    Constitution, which we are required to follow. In any case,
    those who have earned censure cannot be treated on a par
    with those who have had a clean service record. As
    mentioned hereinabove, an employee with blemished,
    polluted, tainted, unclean service record cannot be equated
    with other employee who has enjoyed clean, unblemished,
    unpolluted, untainted and impeccable service record. Such
    differentiation would not be violative of Article 14 while
    dealing with the principles of equality.

    18. The above judgment referred to Rajasthan SRTC v. Sadhu

    Singh9. Apart from the above, the non-recommendation of an

    individual for promotion on account of penalty of censure was held to

    be a valid ground in Chabungham Ibohal Singh v. Union of

    India10. A similar view was also taken in the State of T.N. v. P.

    Bose11.

    19. The genesis for the orders passed by coordinate Benches

    treating Censure as not a bar for promotion, is an interim order in

    W.A.No.1158 of 2016 dated 21.11.2016 relying on the full bench of

    Madras High Court. The said W.A was subsequently dismissed as

    infructuous on 13.04.2022 as the individual was promoted. The

    9
    2022(5) SCC 634
    10
    1995 Supp (2) SCC 83
    11
    1993 Supp (3) SCC 491
    18

    Judgment of the Division Bench in State of A.P. and anr v.

    K.Abhimanyudu was also not brought to the notice, when interim

    order was made on 21.11.2016 in W.A.No.1158 of 2016. It is to be

    noted that there never was an authoritative pronouncement by this

    Court on this aspect. Unfortunately, the interim order held the field,

    even after the W.A. was dismissed as infructuous. A serious

    introspection is required by all the stakeholders representing the

    State.

    20. Coming to the Full Bench decision of Madras High Court in the

    Deputy Inspector General of Police v. V.Rani 12, the issue was a

    letter dated 07.10.2005 issued by the Secretary to Government

    giving consolidated instructions for promotions. In the said letter, it

    was stated that a person imposed with a punishment of censure

    cannot be considered for promotion and in regards other

    punishments, it was specified that such individuals could not be

    considered for promotion for five years. Firstly, the letters were

    issued with reference to G.O.Ms.No.368 dated 18.10.1993, but the

    said G.O. did not prescribe the bar of one year/five years as

    mentioned in the letter issued by the Secretary to Government. It

    was in that context, it was opined that the “censure” cannot be a

    12
    2011 (3) CTC 129
    19

    ground for deferring promotion for one year based on the letter. For

    better understanding paragraph 24 thereof is extracted below.

    “24….The embargo imposed in respect of further period
    as stated above can never be said to be authorized under the
    statutory rules. The said Government letter can be treated as
    a circular issued by the Secretary to Government to all
    departments. This letter, as correctly submitted by the
    learned senior counsel Mr.G.Rajagopal, cannot supersede
    the statutory rules.”

    21. As mentioned above, the scenario in this State is different and

    the bar is imposed vide G.O.Ms.No.53 dated 04.02.1997 issued in

    the name of Governor and signed by the Chief Secretary. This was

    held to be law as mentioned supra. Apart from that, most of the

    Judgments cited supra, did not fall for consideration before the Full

    Bench of Madras High Court as the focus was only on the validity of

    the Government letter.

    22. In view of the above, the Issue No.(a) is answered holding that

    the penalty of “Censure” is a bar for promotion for the period

    specified in G.O.Ms.No.53 dated 04.02.1997.

    23. Issue (b): On the merits of punishment imposed on the

    Petitioner, it is stated that a complaint was received from Sri

    D.Prabhakara Rao aged about 77 years resident of Kalhavapudi

    Village alleging that he had visited Tahsildar Office to enquire about
    20

    the status of RTI application and the Petitioner is said to have been

    answered in a rude and disrespect manner “he will send answer,

    don’t ask” and thereby failed to maintain proper courtesy expected

    from a public servant.

    24. On the basis of the complaint received, a show cause notice

    was issued to the Petitioner on 01.06.2026. In response, the

    Petitioner gave a reply stating that the information sought by the

    individual is being sought from VRO concerned and that the

    information as sought under RTI would be supplied within the

    stipulated time. It is stated that the Petitioner denied speaking in

    discourteous manner to the said individual.

    25. In the impugned order, it is stated that a telephonic enquiry

    was made with regard to the complaint from D.Prabhakar Rao and in

    the telephonic enquiry, the complainant stated that the Petitioner had

    stated “meeku cheppala” which was perceived as disrespectful

    considering that the individual is aged 77 years. It is specifically

    mentioned that in the impugned order that there is no deliberate

    denial of RTI information, however, the interaction by the Petitioner

    was not appropriate to hold the standards of courtesy expected from

    a responsible public servant while dealing with citizens and in view

    of the same, the impugned penalty was imposed.
    21

    26. A reading of the impugned order shows that there was no

    verbal altercation nor there is any deliberate denial of information

    under RTI by the Petitioner.

    27. In gauging discourteous behaviour of an individual, the same

    has to be viewed from a normal prudent persons view point. This is

    the yardstick adopted in defamation cases also. In the present case,

    the complainant felt offended by the words of the Petitioner „meeku

    cheppala‟. The statement of the Petitioner does not disclose any

    discourteous reply and merely because the complainant had

    perceived the statement of the Petitioner to be disrespectful, the

    same per se cannot be a ground. In the normal local dialect, the

    Petitioner had addressed the individual from a normal prudent

    person’s point of view and therefore, the penalty of censure is

    unwarranted and accordingly, the same is set aside. The Issue (b)

    is answered accordingly.

    28. In the light of the above, the writ petition is disposed of with

    the following direction:

    (i) As the order of penalty is set aside, the Respondents shall

    consider the case of the Petitioner for promotion to the post of

    Tahsildar taking into account her seniority and in accordance with

    the Rules.

    22

    (ii) No order as to costs.

    As a sequel, pending applications, if any shall stand closed.

    __________________
    NYAPATHY VIJAY, J
    Date:15.07.2026
    Note: L.R. copy be marked.

    KLP



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