SC Demotes AP Deputy Collector, Says “No One Is Above the Law”

The Supreme Court has delivered a significant blow to Tata Mohan Rao, who is currently serving as a Deputy Collector in Andhra Pradesh, by ordering his demotion to the rank of Tahsildar. This directive comes in connection with a contempt of court case stemming from actions taken by Tata Mohan Rao in 2013 when he was serving as a Tahsildar.

At that time, Tata Mohan Rao allegedly ignored warnings issued by the High Court and oversaw the demolition of huts in Adavitakkellapadu, Guntur district. A division bench comprising Justice B.R. Gavai and Justice A.G. Masih issued the Supreme Court's latest ruling. Previously, the High Court had sentenced him to two months of imprisonment for contempt of court.

Tata Mohan Rao's legal counsel appealed to the Supreme Court, arguing that a government employee risks losing their job if incarcerated for more than 48 hours, which would cause severe hardship to his family. They pleaded that he was willing to accept any alternative punishment. Taking these arguments into account, Justice B.R. Gavai replaced the prison sentence with a directive to demote Tata Mohan Rao from Deputy Collector to Tahsildar.

In the course of the hearing, Justice Gavai remarked, “These considerations should have been made before evicting people by demolishing their huts and forcing them onto the streets. Due to the petitioner’s obstinacy and negligent attitude, his family now faces the risk of losing their livelihood. Therefore, we have shown leniency on the matter of imprisonment. However, we also want to send a clear message that no one is above the law.”

Additionally, the bench ordered Tata Mohan Rao to pay a fine of ₹1 lakh within four weeks, intended for the construction of housing for the poor. Proof of payment must be submitted to the court. The court also advised the state government to continue recognizing his seniority for the purpose of future promotions.

The original sentence from the High Court, dated March 27, 2015, imposed a two-month jail term and a ₹2,000 fine on Tata Mohan Rao for contempt of court. He challenged this decision in the Supreme Court. In his defense, Tata Mohan Rao claimed that he had taken lawful steps to protect government land and that the huts removed had been erected overnight during tense conditions related to the Andhra Pradesh bifurcation movement in border areas.

Despite the Supreme Court’s earlier suggestion that Tata Mohan Rao submit an undertaking to accept demotion to avoid imprisonment, he initially refused. Justice Gavai expressed strong displeasure over this reluctance, stating, “Had the petitioner agreed at the outset, we would have settled the matter with a mere two or three increment cuts. But the issue dragged on through four adjournments. If the petitioner had not agreed today, we were prepared to issue orders that no government would dare to defy. We feel pain issuing such directives, but we are left with no choice.”