APHC010297472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) -©1 Sis* ;fO iO TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE ★ PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15100 OF 2025 Between: Gummadala Sreenivasulu, S/o. Kasaiah, Aged 51 years, Occ: Village Revenue Assistant (removed), R/o. Bollupalli Village, Ardhaveedu Mandal Prakasam District. ...Petitioner / AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Prakasam District at Ongole. 3. The Revenue Divisional Officer, Markapur Revenue Division, Markapur, Prakasam District. 4. The Tahsildar, Ardhaveedu Mandal, Prakasam District. ...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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declare Rc.No.B/69/2022, dt. 01.12.2022 passed by the 4 petitioner's services are kept under suspension and to set aside the same and also for a consequential direction to reinstate him in service as Village Revenue Assistant for Bollupalli Village, Ardhaveedu Mandal, Prakasam District, with all consequential and incidental benefits attached to the post, as illegal, irregular, irrational and violation of guidelines in G.O.Ms.No.22, dated suspension proceedings in respondent wherein th 29.02.2024 and offends Articles 14 and 21 of Constitution consequently direct the Respondents to reinstate the petitioner into service in the said post. of India and lA NO: 1 OF 2Q2fi 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 suspend the operation of suspension proceedings in Rc.No.B/69/2022, dt. 01.12.2022 passed by the 4*'' respondent and consequently direct the respondents to reinstate the petitioner in service as Village Revenue Assistant for Bollupalli Village, Ardhaveedu Prakasam District, with all consequential and incidental benefits the post, pending disposal of the main writ petition. Mandal, attached to Counsel for the Petitioner: SRI PAVAN KUMAR PASUPULETI Counsel for the Respondents : GP FOR SERVICES I ^ The Court made the following: ORDER APHC010297472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15100/2025 Between: Gummadala Sreenivasulu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.PAVAN KUMAR PASUPULETI Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 HCGR.J W.P.No.l5100of2025 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declare suspension proceedings in Rc.No.B/69/2022, dt.01.12.2022 passed by the 4'^ respondent wherein petitioner's services are kept under suspension and to set aside the same and also for a consequential direction to reinstate him in service as Village Revenue Assistant for Bollupalli Village, Ardhaveedu Mandal, Prakasam District, with all consequential and incidental benefits attached to the post, as illegal, irregular, irrational and violation of guidelines in G.O.Ms.No.22, dated 29.02.2024 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents to reinstate the petitioner into service in the said post and pass such other order or orders....” 2. Heard Sri P.Pavan Kumar, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. Petitioner has been appointed as Village Revenue Assistant of Bollupalli Village, Ardhaveedu Mandal, Prakasam District, on compassionate grounds, by proceedings dated 29.09.2018. Petitioner was placed under suspension by proceedings dated 01.12.2022, on certain allegations that he secured aforesaid post through forged Transfer Certificate and also concealed pendency of Crime No.64 of 2013, besides also facilitated illegal registration of Government land. Petitioner is stated to be continued under suspension since then. Insofar as, crime registered against petitioner is concerned, after filing of charge sheet, the same came to be numbered as C.C.No.343 of 2017 and after detailed trial, the 3 HCGR.J W.P.No.l5100of2025 petitioner came to be acquitted by an order dated 05.10.2023. Later petitioner made representations dated 25.10.2023 and 02.07.2024 to 4'^ respondent requesting for reinstatement into service. However, so far, no orders came to be passed. It is also stated that another case has been filed against petitioner in Crime No.49 of 2023 on 23.05.2023, for the offences punishable under Sections 170, 420 468 r/w 34 of the Indian Penal Code, 1860, and later also included Sections 467 and 471 of IPC, the said case is stated to be pending investigation and no charge sheet has been filed so far. 4. Learned counsel for petitioner submits that as the petitioner was suspended, pending inquiry, by proceedings dated 01.12.2022, the respondents have neither initiated departmental inquiry nor reviewed the suspension for reinstating him, after he being acquitted in criminal proceedings. Thereby, continuing the petitioner under suspension for an indefinite period is clearly illegal and arbitrary. He would refer to G.O.Ms.No.22, General Administration (SER-C) Department, dated 29.02.2024, and submits that respondents cannot continue the period of suspension beyond two years and as admittedly, petitioner has been already acquitted and that two years time has lapsed and he is entitled to be reinstated. He also relied on the order passed by the Coordinate Bench of this Court in W.P.No.15743 of 2024. 4 HCCR.J W.P.No.l5100of2025 Learned Assistant Government Pleader appearing for 5. respondents, on the other hand, submits that case of petitioner would be considered in terms of G.O.Ms.No.22, General Administration (SER-C) Department, dated 29.02.2024, as petitioner has completed maximum period of two years of suspension. However, it is not refuted that the aspect of petitioner being acquitted in criminal proceedings. He also contends that as petitioner has now been once again implicated in another crime, the said aspect has to be taken into consideration before reviewing the suspension. 6. Perused the record and considered the rival submissions. Admittedly, petitioner has been placed under suspension on 7. 01.12.2022, on three allegations as mentioned above. Insofar as Crime No.64 of 2013 is concerned, which later culminated into C.C.No.343 of 2017, petitioner has been acquitted. Insofar as, other allegations, so far respondents have not taken any steps for initiating departmental action. Therefore, it cannot be said that any inquiry is pending. It appears that petitioner has subsequently been arrayed as one of the accused in Crime No.49 of 2023, which is under investigation. Petitioner was placed under suspension based on the allegations referred to above, but not on account of his involvement ^ in Crime No.49 of 2023. 5 HCGRJ W.P.No.l5100of2025 The Government issued G.O.Ms.No.22, General Administration 8. (Ser-C) Department, dated 29.02.2024. Para No.5 of the said G.O., is extracted herewith; After careful examination of the matter, after reviewing the said G.Os., duly obtaining the advice of the Competent Authority and in modification of the orders issued in the G.Os. to 4^^ read above, Government hereby direct to reduce the outer limit of suspension of Government servant from two (2) years to one (1) year from the date of suspension of the Government servant fixed in G.O.Ms.No.86, G.A. (Ser.C) Dept., dt.8.3.1994 read with G.O.Ms.No.526, G.A. (Ser.C) Dept, dt19.8.2008 and G.O.Rt.No.2285, G.A.(Ser.C), Dept Dt.18.05.2012 for reinstatement of the Government servant under suspension, subject to all other conditions stipulated therein and also direct to review the order of suspension against a Government servant both in ACS and Departmental inquiries at the end of every four (4) months instead of six (6) months fixed in G.O.Ms.No.86, G.A. (Ser.C) Dept, dt 8.3.1994.’’ ‘5. 9. As seen from the extracted portion of said G.O., the period of suspension was reduced to one year from two years. The authority has to reinstate the employee after that period. The case at hand the suspension of the petitioner is dated 01.12.2022. Two and half years have been completed. No inquiry has been initiated so far. 10. In view of facts and circumstances of the case, with the consent of both the learned counsel, the Writ Petition is disposed of at the stage of admission, directing respondent No.2 to reinstate the petitioner into service forthwith. The respondents also shall pay all the benefits, to the petitioner, as per his entitlement. There shall be no order as to costs. 6 HCGRJ W.P.No.l5100of2025 As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- KJ.RAJA BABU assistant registrar //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Prakasam District at Ongole. 3. The Revenue Divisional Officer, Markapur Revenue Division, Markapur, Prakasam District. 4. The Tahsildar, Ardhaveedu Mandal, Prakasam District. 5. One CC to Sri Pavan Kumar Pasupuleti, Advocate [OPUC] 6. Two CCs to GP for Services I, High Court of Andhra Pradesh at Amaravati [OUT] 7. Three CD Copies Cnr "V HIGH COURT DATED:24/06/2025 ORDER WP 15100/2025 % g 11 JUL 2^5 m . Current Section . S^fSPATCVX^- " DISPOSING OF THE W.P. WITHOUT COSTS