APHC010248992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18236/2025 Between: 1. KOTHAPALLI KRISHNA,, S/O K. PULLANNA, AGED 43 YEARS, PRESENTLY WORKING AS SENIOR ASSISTANT, AREA HOSPITAL, DHONE, KURNOOL DISTRICT, R/O D.NO. 15/653, MYDUKUR ROAD, PRODDATUR, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS MEDICAL, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. PRINCIPAL SECRETAIY TO GOVERNMENT, 2. THE DIRECTOR OF SECONDARY HEALTH, H.NO.77-2/G, LAKSHMI ELITE BUILDING, PRATHUR ROAD, TADEPALLI - 522 501, (ERSTWHILE THE COMMISSIONER, A.P. VAIDYA VIDHANA PARISHAD.) 3. THE DISTRICT COORDINATOR OF HOSPITAL SERVICES, A.P. VAIDYA VIDHANA PARISHAD, KADAPA, YSR KADAPA DISTRICT. 4. THE MEDICAL SUPERINTENDENT, AREA HOSPITAL, A.P. VAIDYA VIDHANA PARISHAD, RAJAMPETA, ANNAMAYYA DISTRICT. ...RESPONDENT(S): 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 topleased to issue any Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing impugned order vide File No. DSH AP-11/13/2022-VIG, dt.28.06.2024, imposing major punishment of stoppage of three (3) Annual Grade Increments 2 with cumulative effect and the period of subsistence of penalty of six years w.e.f., the date of issue of orders, during punishment he will not be eligible for promotion within the period of subsistence of penalty as illegal, arbitrary, and violation of Article 14 and 21 of the Constitution of India and consequently set aside the impugned order vide File No. DSH AP-11/13/2022-VIG, dt.28.06.2024 and grant all consequential benefits and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the impugned order vide File No: DSH AP-11/13/2022- VIG, dt.28.06.2024 issued by the 3rd respondent pending disposal of the present Writ Petition and pass Counsel for the Petitioner: 1. G R SUDHAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.18236 OF 2025 ORDER: The present writ petition is filed declaring the action of the Respondents in issuing order vide File No: DSH AP-11/13/2022-VIG, dated 28.06.2024, imposing major punishment of stoppage of three (03) Annual Grade Increments with cumulative effect and the period of subsistence of penalty of six (06) years w.e.f., the date of issue of orders and during punishment, the Petitioner will not be eligible for promotion within the period of subsistence of penalty as illegal and arbitrary. 2. The case of the Petitioner is that the Petitioner while working as Senior Assistant at Area Hospital, Rajampet was issued a charge memo on 16.07.2023, framing one article of charge. Subsequent to the enquiry, the Petitioner was imposed major punishment of stoppage of three (03) Annual Grade Increments with cumulative effect vide File No: DSH AP-11/13/2022- VIG, dated 28.06.2024. 3. Learned counsel for the Petitioner would submit that rather than going into the correctness of the punishment imposed, it is submitted that the appeal filed before Respondent No.1 on 04.03.2025 under Rule 33 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 and would suffice the grievance of the Petitioner for the present. 4 4. Considering the submissions, the writ petition is disposed of with the following directions:- (i) The Respondent No.1 is directed to dispose of the appeal filed on 04.03.2025 under Rule 33 of Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, as expeditiously as possible preferably within a period of four (04) months from the date of receipt of copy of this order. (ii) There shall be no order as to costs. Consequently, miscellaneous applications, if any, pending shall stand closed. _____________________ NYAPATHY VIJAY, J Date: 21.07.2025. SCS 5 214 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18236/2025 Date: 21.07.2025. SCS