Deputy collector demoted to tehsildar in Andhra

Disobedience of court orders attacks the foundation of the rule of law which is the basis of our democracy, the Supreme Court said on Friday, as it ordered demotion of a deputy collector in Andhra Pradesh to the post of tehsildar for disobeying a direction of the state’s high court.

A bench headed by justice Bhushan R Gavai passed the order while hearing an appeal filed by the official, Tata Mohan Rao, who was sentenced to two-month imprisonment by the high court. The high court’s order came on the pleas alleging that Rao, who was then a tehsildar, forcibly removed huts in Guntur district on January 8, 2014 despite a December 11, 2013 direction restraining him from doing it.

The apex court confirmed the high court’s order, but modified the imprisonment order to demotion. As the official prayed for leniency, the top court noted that if the sentence is allowed to operate, he will be removed from service and the same would affect the wellbeing of his family and children.

“Disobedience of orders of the court attacks the very basis of the rule of law on which our democracy is based,” the bench, also comprising justice Augustine George Masih, said. “We want this message to go across the country that howsoever high in a post you may be, you are not above the law. Even persons in constitutional posts are bound to follow the orders of the court. You cannot disobey our orders.”

Noting that the official was promoted to deputy collector in 2023, the court ordered: “Petitioner is directed to reduction of one level in the hierarchy of his service. The state of Andhra Pradesh is directed to demote the petitioner to the post of tahsildar.” The court also slapped a fine of ₹1 lakh on Rao.

The court was hearing the official’s plea against a February 19, 2025 order of the high court’s division bench which rejected his contempt appeals and sentenced him to two months in prison.

On January 8, 2014, Rao had led a team of over 80 police officers and forcibly demolished shanties in Guntur by going against the court’s stay on demolition. The aggrieved people then approached the high court seeking contempt action against the tahsildar. A single judge bench of the high court in March 2015 held him guilty of contempt, punishing him to imprisonment for two months and a fine of ₹2,000. Rao challenged this order before a division bench, which upheld the conviction and sentencing in February this year.

During the hearing, the top court asked the official whether he was willing to accept demotion as a punishment for disobeying the high court order. The petitioner responded in negative, citing it would affect his prospects in service.

On Friday, however, the petitioner’s counsel Devashish Bharuka said he would bow down to any punishment.

“The majesty of law lies not in punishing, but forgiving,” the top court noted while passing the order. The court was of the view that though the official deserved no leniency, his family should not suffer on account of his actions.

After the order was dictated, Justice Gavai remarked that had the official accepted the punishment on first day itself, the bench might have only stopped his two or three increments.