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APHC010163942025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8528/2025 Between: C Lakshmi Narayana ...PETITIONER AND The State Of AP and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. SYED AZMATULLAH Counsel for the Respondent(S):
1. GP FOR SERVICES I
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W.P.No.8528 of 2025 The Court made the following order:
This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:-
“…to issue a Writ or Order direction more particularly one in the nature of writ of Mandamus declaring the inaction of the 1st respondent in not consider and dispose of my Revision/Appeal dt:18.01.2024 against the punishment of imposing penalty of withholding of increments for a period of two years without cumulative effect on future increments and pension besides treating the suspension period from 28.10.2016 to 01.02.2017 as not on duty vide proceedings in C.No.C2/OEPR-13/2017, dt.10.09.2020 of the 3rd respondent and confirmed by the Inspector General of Police, Kurnool Range, Kurnool vide proceedings in C.No.C2/OEPR-13/2017 (C2/2378/2020)/ R.O.O.No.77/2022 dt.24.01.2022 is illegal, arbitrary, unjust and violation of Principles of natural justice and consequently direct the 1st respondent to dispose of my Revision/Appeal dt.18.01.2024 by setting aside the punishment of imposing penalty of withholding of increments for a period of two years without cumulative effect on future increments and pension besides treating the suspension period from 28.10.2016 to 01.02.2017 as not on duty vide
proceedings in C.No.C2/OEPR-13/2017, dt.10.09.2020 of the 3rd respondent and confirmed by the Inspector General of Police, Kurnool Range, Kurnool vide proceedings in C.No.C2/OEPR-13/2017 (C2/2378/2020)/R.O.O.No.77/2022 dt.24.01.2022 with all consequential benefits and pass such other order or orders.…”
2. Heard Sri Syed Azamthullah, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. The petitioner, while working as Sub Inspector of Police at Yerraguntla Police Station, was placed under suspension by proceedings dated 28.10.2016. On certain allegations, he was issued memo vide proceedings in C.No.C2/OEPR-13/2017 dated
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W.P.No.8528 of 2025
07.11.2017. After submitting explanation, he was reinstated into service on 31.01.2017. After conducting inquiry, the Inquiry Officer submitted report stating that charges leveled against him are not proved. Thereafter, the 3rd respondent has communicated the dissent note and called for further representation. Then, the petitioner submitted detailed representation on 19.11.2018 to the 3rd respondent. 4.
The petitioner, thereafter, was proceeded with inquiry and imposed a major penalty of withholding of increments for a period of two years without cumulative effect on future increments and pension, besides treating the suspension period from 28.10.2016 to 01.02.2017, as not on duty vide proceedings in C.No.C2/OEPR- 13/2017, dated 10.09.2020. Aggrieved by the same, the petitioner preferred appeal before the Inspector General of Police, Kurnool, who confirmed the primary authority order vide proceedings in C.No.C2/OEPR-13/2017 (C2/2378/2020)/ R.O.O.No.77/2022, dated 24.01.2022, which was communicated to the petitioner on
28.02.2022. 5. The petitioner filed W.P.No.7845 of 2022 before this Court challenging the aforesaid orders, the same came to be dismissed by relegating the petitioner to prefer revision or review in terms of Rules 40 and 41 of APCS(CCA) Rules. The petitioner has preferred revision on 18.01.2024 before the 1st respondent. However, the
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W.P.No.8528 of 2025 same is not decided so far. Therefore, aggrieved by the inaction of 1st respondent in deciding revision, present writ petition is preferred. 6. Learned counsel for the petitioner submits that it would suffice to direct the 1st respondent to consider and pass appropriate orders disposing the revision. 7. Learned Assistant Government Pleader for Service-I appearing for respondents submits that revision will be disposed within reasonable period. 8. Therefore, with the consent of both the learned counsel, the Writ Petition is disposed of, at the admission stage, directing the 1st respondent to consider and pass appropriate orders on revision preferred by the petitioner dated 18.01.2024, challenging the order imposing major punishment dated 10.09.2020, as confirmed by the Inspector General of Police vide order dated 24.01.2022, strictly in accordance with law, within a period of eight (08) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed.
______________________________________ JUSTICE CHALLA GUNARANJAN
Date: 03.04.2025 KBN
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W.P.No.8528 of 2025 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN 89
WRIT PETITION NO: 8528/2025
Date: 03.04.2025 KBN