IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7186 OF 2025 Between: Sk. Maboo Subhani, S/o. Late Shaik Gouse, Aged about 38 years, Occ; Junior Accountant of Pay and Accounts Office, Works Accounts Vijayawada R/o. 6^^ Lane, Davu Butchaiah Colony, Madhuranagar, Vijayawada, Krishna District. ...Petitioner AND The State of Andhra Pradesh, Rep.by its Principal Secretai7 Finance Department and Planning Secretariat, Amaravati Guntur District. The Director of Works Accounts, Works Accounts A.P., At Mangalagiri The Joint Director of Works Accounts, Works Accounts, At Dowlaiswaram- 533125. The Pay and Accounts Officer, Works Accounts, Vijayawada. 1. 2. 3. 4. ...Respondents 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 to issue a writ, order or direction more particularly one in the nature of mandamus, declaring the action of 3rd respondent in placing the Writ petitioner under suspension for indefinite period, vide impugned proceedings No. JDWA/WA/DWM/Sn.B/B 12/2024-25/104/ dated 29-10- 2024 is contrary to G.O.Ms. No-22 dated 29-02-2024 issued in the name of Governor of Andhra Pradesh as well as the Hon'ble Apex court's principles laid down in the case of Ajay Kumar Choudhary Vs Union of India' and V. another reported in 2015 (2) SCR 415 asvunjust, illegal, arbitrary and in violation of Articles 14, 16, 19 (1) (g) and 21 and 141 of Constitution of natural justice and consequently to set-aside JDWAW/A/DWM/Sn.B/BI 2/2024-25/104/ Dated India as well as Principles of the proceedings vide No. 29-10-2024 issued by the 3'^ Respondent herein. r lA NO: 1 OF 2025 under Section 151 CPC praying that in the circumstances support of the petition, the High Court may be of the impugned proceedings vide No. Petition stated in the affidavit filed in pleased to suspend the operation jDWAM/A/DWM/Sn.B/B12/2024-25/104/ Dated 29-10-2024 issued by 3 Respondent herein, by reinstating the Petitioner in the same capacity with immediate effect pending disposal of the Writ Petition. Counsel for the Petitioner: SRI MOHAMMAD GHALIB SHAHID Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: APHC010136422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7186/2025 [3506] Between: ...PETITIONER Sk. Maboo Subhani AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.MOHAMMAD GHALIB SHAHID Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: I % Thf, Court marie the following or^ under Article 226 of the Constitution of India for This Writ Petition is filed the following relief/s;- writ, order or direction more particularly one in the declaring the action of 3' respondent m ion for indefinite period, ...to issue a nature of mandamus niarino the Writ petitioner under suspension vldrfmlned proceedings No.JDWAMA/DWM/Sn.B/B12/2024- 25/104/ dated 29.10.2024 is contrary to G.O.Ms.No.22 date 29 02 2024 issued in the name of Governor of Andhra well as the Hon'ble Apex court's principles laid down in the case o of India’ and another reported in violation of ‘Aiay Kumar Choudhary Vs Union 2015 (2) SCR 415 as unjust, illegal, arbitrary and in Adlles 14, 16, 19 (1) (g) & 21 and 141 of Constituton of nd well as Principles of natural justice and consequentiy to set-oside the proceedings vide No.JDWAm/A/DWM/Sn.B/BI2/2024-25/104/ Dated 29.10.2024 issued by the 3'" Respondent herein and to pass such other order or orders.... in 4*^ respondent office in the a crime was registered petitioner joined as Junior Accountant in 2. The year 2015 under compassionate grounds. Initially based on complaint given by his wife and others, which for the offences under Sections 341, 506, against the petitioner^ culminated into C.C.No.256 of 2022 in conviction by judgment dated 28.08.2024 509 of IPC and the same ended in the file of the VI11 against which petitioner preferred Additional Judicial First Class Magistrate, Gannavaram on Crl.Appeal.No.173 of 2024 which Is stated placed under suspension by proceedings 29.10.2024. In view of be pending. Petitioner has been to No.JDWA/WA/DWM/Sn.B/B1 /2024-25/104, dated was to however, his suspension conviction in aforesaid calendar case continued until completion of disciplinary proceedings. 3 3. Heard Sri mohammad Ghalib Shahid, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. 4. Learned counsel for the petitioner contends that the respondents are not entitled to place the petitioner under suspension for indefinite period and in terms of G.O.Ms.No.22, General Administration (SER-C) Department, dated 29.02.2024, there should be review of suspension after four months. Suspension, pending inquiry is for a maximum period of one year and only in exceptional cases, can be extended beyond the said period. even 5. Learned Assistant Government Pleader for Services-I appearing for respondent placed on record the written instructions, as per which it is stated that so far respondents have not reviewed the suspension. 6. As G.O.Ms.No.22, General Administration (SER-C) Department, dated 29.02.2024, issued by Government categorically states that at the every four months there should be review of suspension orders, and as present case, the order of suspension came to be passed on 29.10.2024, period of four (04) months got expired by 28.02.2025, the review. end of in the same is due for 7. Therefore, without expressing any opinion on the merits of the matter the Writ Petition is disposed of directing the S'"* respondent to of suspension in terms of G.O.Ms.No.22, General Administration Department, dated 29.02.2024 and review the order (SER-C) pass appropriate orders in accordance with law within two (02) weeks from the date of receipt of copy of the order. 4 The 3^^ respondent shall review the suspension keeping in view the pendency of Criminal Appeal. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- M. SURYANADHA REDDY EGISTRAR DEPU r SECTION OFFICER //TRUE COPY// To, The Principal Secretary Finance and Planning Department, State of Andhra Pradesh, Secretariat, Amaravati Guntur District. 2. The Director of Works Accounts, Works Accounts A.P., At Mangalagiri, 3. The Joint Director of Works Accounts, Works Accounts, At Dowlaiswaram- 533125. 4. The Pay and Accounts Officer, Works Accounts, Vijayawada. 5. One CC to Sri Mohammad Ghalib Shahid, Advocate [OPUC] 6. Two CCs to GP for Services -1, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies 1. RAM HIGH COURT DATED:21/03/2025 X 2 S MAR 2025 ? ORDER ^ . Current Section . ^ WP.No.7186 of 2025 DISPOSING OF THE WP WITHOUT COSTS