APHC010185692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 9962/2025 Between: Bommathattu Srihari ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. DODDAKA HARSHA VARDHAN Counsel for the Respondent(S): 1. GP FOR SERVICES I 2 HCGR, J W.P.No.9962 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 writ, order or directions more particularly one in the nature of Writ of Mandamus declaring the Memo.No. FIN02-11044/6/2025-A SEC-DTA, dt 21.03.2025, issued by the 2nd respondent and consequential proceedings in Rc.No.A1/1914/2024, dt 21.03.2025, issued by the 3rd respondent as illegal, arbitrary, unconstitutional and violative of Articles 14, 16 and 21 of the Constitution of India, set aside the same and consequently direct the 3rd respondent to reinstate the petitioner into service as Senior Accountant at Sub Treasurary Office, Udayagiri, S.P.S.R. Nellore District and to pass such other order or orders…” 2. Heard Sri D.Harsha Vardhan, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I appearing on behalf of respondents. 3. Petitioner, while working as Senior Accountant in the office of 4th respondent, has been placed under suspension by impugned proceedings, which is on account of ACB raid conducted on 4th respondent, by which a Crime came to be registered and the petitioner was also arrayed as one of the accused. 4. Learned Assistant Government Pleader submits that the order in challenge in the present writ petition is appealable under Rule 33 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 (hereinafter for short ‘the Rules’), petitioner instead of availing alternative remedy, filed present writ petition. 3 HCGR, J W.P.No.9962 of 2025 5. Learned counsel for the petitioner submits that in pursuant to memo, which was issued through whatsapp to petitioner on 18.03.2025 proposing action against him, explanation dated 18.03.2025 was submitted. Without considering the same in proper perspective, the impugned suspension order has been issued placing the petitioner under suspension pending enquiry. 6. As the proceedings were initiated placing the petitioner under suspension, pending inquiry, and an alternative remedy of appeal is provided under Rule 33 of the Rules, without availing such alternative remedy, the petitioner cannot straightway invoke jurisdiction of this Court. 7. Therefore, without expressing any opinion on the merits of the matter, the Writ Petition is disposed of, permitting the petitioner to prefer appeal before the 2nd respondent within a period of one week from today. On filing the same, the 2nd respondent shall consider and dispose of the same, in accordance with law, within a period of eight (08) weeks thereafter. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 22.04.2025 KBN