Court Finds No Grounds for Censure Based on Perceived Discourtesy; Directs Reassessment of Promotion Eligibility
In a significant decision, the Andhra Pradesh High Court has set aside a penalty of censure imposed on a government employee, B Malathi, and directed the state to reassess her eligibility for promotion to the post of Tahsildar. The court found that the censure, which was based on a complainant's perception of discourteous behavior, was unwarranted.
B Malathi, who has served as a Deputy Tahsildar since 2018, was in line for a promotion following the issuance of a seniority list. However, her promotion was deferred after a complaint was lodged against her, alleging disrespectful conduct towards a senior citizen. The petitioner was accused of making a statement perceived as disrespectful, which led to a penalty of censure that barred her promotion for one year, as per G.O.Ms.No.53 dated February 4, 1997.
The court, presided by Justice Nyapathy Vijay, scrutinized the circumstances surrounding the complaint and the subsequent penalty. It was noted that the complainant's perception of disrespect was not substantiated by any evidence of deliberate discourtesy or denial of information. The court emphasized that the conduct should be evaluated from the standpoint of a prudent person, rather than solely relying on the complainant's perception.
In its order, the court highlighted that the penalty of censure, while a formal punishment under the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, should not be imposed without substantial grounds. The judgment underscored that mere perception of disrespect does not suffice for such a penalty, and such actions should be reserved for clear instances of misconduct.
The court's decision mandates the state to consider Malathi's case for promotion based on her seniority and in accordance with the rules, now that the censure has been set aside. The judgment is expected to have wider implications for the assessment of government employees' conduct and the imposition of censure penalties.
Bottom line:-
Penalty of censure imposed on a government employee bars promotion for the period specified in G.O.Ms.No.53 dated 04.02.1997, but perception of discourteous behavior must be evaluated from a prudent person's viewpoint and not solely based on complainant's perception.
Statutory provision(s): Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, G.O.Ms.No.53 dated 04.02.1997
B Malathi v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc id # 2942293
