IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY. THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10051 OF 2025 Between: Vaska Rama Rao, S/o. Venkanna, Aged 64 years, Occ: Food Inspector and Sanitary Inspector, D.No. 5-240/2, Venkateswara Nagar, Near Balajipeta, Bommuru, Rajamahendravaram Rural, East Godavari. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat, Velagapudi, Guntur District. Andhra Pradesh. 2. The Municipal Commissioner, Municipal Corporation, Rajamahendravaram. ...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 or Order in the nature of Mandamus declaring the action of the respondents herein in not considering the representation dt. 18.11.2024 by taking the petitioner back into as illegal, arbitrary, contrary to the G.O.Rt.No.745, dt.25.09.2024, and violative of Articles 311, 14, and 21 of the Constitution of India and consequently direct the respondents to consider the representation dt. 18.11.2024 in terms of G.O.Rt.No.745, dt.25.09.2024. iA NO: 1 OF 2n7S Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to consider the representation dt. 18.11.2024 pending disposal of the main Writ Petition. Counsel for the Petitioner : SRI KIRAN KUMAR VADLAMUDI Counsel for the Respondent No.1 : GP FOR SERVICES I Counsel for the Respondent No.2 : SRI A.S.C BOSE, SC FOR MUNICIPALITY The Court made the following: ORDER APHC010191212025 / 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: 10051/2025 Between: Vaska Rama Rao ...PETITIONER AND The State of AP and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.KIRAN KUMAR VADLAMUDI Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 HCGR, J W.P. No. 10051 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 in the nature of Mandamus declaring the action of the respondents herein in not considering the representation dt. 18.11.2024 by taking the petitioner back into as illegal, arbitrary, contrary to the G.O.Rt.No.745, dt.25.09.2024, and violative of Articles 14, and 21 of the Constitution of India and consequently direct the respondents to consider the representation dt.18.11.2024 in terms of G.O.Rt.No.745, dt.25.09.2024, and pass such other order or orders...” Heard Sri V.Kiran Kumar, learned counsel for the petitioner, learned Assistant Government Pleader for Services-I appearing for respondent No.1 and Sri A.S.C.Bose, learned Standing Counsel appearing for respondent No.2. 311 2. 3. nd Petitioner, while working as Food & Sanitary Inspector at 2 respondent, involved in a criminal case vide C.C.No.27 of 2008 the file of the learned Special Judge for SPE & ACB Cases, Vijayawada, which ultimately came to be allowed by convicting him for the offences punishable under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. Against which, petitioner seems to have preferred Criminal Appeal No. 1041 of 2014 before this Court, which is pending adjudication. While things stood thus, petitioner has been removed from service by proceedings vide *"”'^Roc.No.4664/2002-F1 dated 02.07.2016 on the sole ground that on 3 HCGR, J W.P.No. 10051 of 2025 petitioner has been found to be convicted in the aforesaid criminal case. 4. Learned counsel for the petitioner submits that after issuance of dismissal proceedings, petitioner having came to know the fact that in identical circumstances, in W.P.No.16480 of 2019, a Coordinate Bench of this Court has set aside the dismissal order therein on the sole ground that the same was not preceded with the initiation of proper disciplinary proceedings in terms of Service Rules, which was confirmed in W.A.No.54 of 2021. Further, appeal preferred against W.A.No.54 of 2021 by way of SLP Nos. 1858-1859 of 2023, came to be dismissed confirming the order passed by learned single Judge. Therefore, as the petitioner case is also on same footing, the dismissal order has to be set aside. 5. Learned Standing Counsel for respondent No.2 submits that as the representation made by petitioner dated 18.11.2024 is pending before the 2"^^ respondent, the same will be considered in accordance with law. 6. The question as to whether basing on mere conviction, without reference to or initiating any departmental proceedings, delinquent can to be straightaway removed from service has been decided by this Court in aforesaid judgment. 4 HCGR, J W.P. No. 10051 of 2025 7. In the present case, the respondents having found that the petitioner was convicted in C.C.No.27 of 2008 straightway issued proceedings dated 02.07.2016 removing the petitioner from service. As the petitioner’s representation dated 18.11.2024, on this aspect, is pending consideration before the 2^'^ respondent, it would suffice to dispose of present writ petition directing the 2’"^ respondent to consider the aforesaid representation and pass speaking order, having regard to the judgments rendered in W.P.Nol6480 of 2019 as confirmed in W.A.No.54 of 2021 and SLP Nos.1858-1859 of 2023, within a period of eight (08) weeks from the date of receipt of a copy of this order. 8. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall l<ASIRAO stand closed. SD/-K ASSISTANT REGISTRAR A/r ACHARI 7 V' //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. Andhra Pradesh. 2. The Municipal Commissioner, Municipal Corporation, Rajamahendravaram. 3. One CC to Sri Kiran Kumar Vadlamudi, Advocate [OPUC] 4. Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] 5. One CC to Sri A.S.C. Bose, SC for Municipality (OPUC) 6. Three C.D. Copies. r^nr T high court DATED:22/04/2025 ORDER WP.No.10051 of 2025 ^Of ANOfl^ 21 API! 2025 II3: m Current Section disposing of the W P WITHOUT COSTS