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2025 DAILYLAW 14792 (AP)

CH SOMAYYA v. THE STATE OF ANDHRA PRADESH

WP/9907/2025 · 2025-04-23

Challa Gunaranjan

body2025

Judgment text

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APHC010184922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 9907/2025 Between: Ch Somayya ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. CHAKRADHARA RAJA Y Counsel for the Respondent(S): 1. GP FOR SERVICES I 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 an appropriate order or directions more particularly one in the nature of Writ of Mandamus questioning the action of the 2nd respondent not disposing off petitioner appeal dated 18.12.2024 against the punishment of PPI for a period of Two years without affect on his further increm ents and pension the period of suspension from 21.03.2011 to 05.10.2011 is treated as “Not on Duty” vide proceedings C.No.01/PR/ A6/2012/D.O.NO.02/2015 dated nil.01.2015 as highly illegal arbitrary unjust and contrary to Service Rules and violation of Article 14 16 and 21 of the Constitution of India and consequentially direct the 2nd respondent to consider and dispose off petitioner appeal dated 18.12.2024 and pass such other order or orders.…” 2. Heard Sri M.Chakradhara Raja, learned counsel for petitioner and learned Government Pleader for Services-I for respondents. 3. Petitioner while working as police constable was implicated in Crime vide FIR No.19 of 2011 for offences under Section 498A of IPC. In view of the same, he was placed under suspension. Later, departmental proceedings came to be initiated against him. By proceedings dated nil.01.2015, respondent No.3 has imposed punishment of PPI for a period of two years without effect on his future increments and pension and further period of suspension from 21.03.2011 to 05.10.2011 treated as ‘Not on Duty’. Even before the aforesaid punishment, C.C.No.112 of 2011 dated 05.01.2012 on the file of Judicial Magistrate of First Class, Paderu, in which petitioner was arrayed as accused. Thereafter, petitioner preferred appeal before respondent No.2 on 18.12.2024 to set aside the punishment. As the said appeal is not considered and disposed, the petitioner is constrained to file the present writ petition. 4. Learned counsel for the petitioner submits that since the appeal is pending, it would suffice to direct the respondents to dispose the appeal. 5. Learned Assistant Government appearing for respondents submits that the appeal preferred by the petitioner is uploaded, however, the same will be considered and disposed in accordance with law. 6. In view of the aforesaid submissions, without expressing any opinion on the merits of the matter, at admission stage, with the consent of both the learned counsel, the writ petition is disposed directing respondent No.2 to consider and pass appropriate orders on the appeal preferred by the petitioner on 18.12.2024 within a period of eight (08) weeks from the date of receipt of a copy of this order strictly in accordance with law. 7. Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. ______________________________ JUSTICE CHALLA GUNARANJAN Date: 23rd April, 2025 RKS