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: 15505 OF 2023 Between: Mohammad Shanoor Khan, S/o Jaffur All Khan, 31yrs , D.No.11-4-3, Peechupalem, Essar Petrol Bunk, 21 Ward, Narsapuram, West Godavari Dist, Andhra Pradesh-534275. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its PrI. Secretary Municipal Administration and Urban Development Department, Secretariat Buildings Velagapudi, Amaravati-522237. 2. Special Commissioner Department, Grama-Ward VolunteersA/illag e Ward Secretaries Tadepalli, Guntur District- 52250. 3. District Collector and Nodal Officer, Narsapuram, West-Godavari District-534201. 4. The Municipal Commissioner, Narsapuram Municipality, West- Godavari District-534201. 5. The Regional Director-cum Appellate Commissioner, Municipal Administration, Rajamahendravaram-533101. ...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 writ, order or direction, more particularity one in the nature of WRIT OF MANDAMUS or any other appropriate direction to Respondents 1 to 3 to revoke the impugned suspension orders issued by Respondent-4 and ratified by the respondent-5 for not attending duties after applying casual leave on 21-04-2023 and permission for leaving Head Quarters on Public Holiday i.e. 22-04-2023(RAMZAN) and 23-04-2023 being Sunday as illegal, arbitrary, un-constitutional and against the preamble of .constitution of India which reads as “WE, THE PEOPLE OF INDIA, HAVING SOLEMNLY RESOLVED TO CONSTITUTE INDIA INTO A SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC AND TO ALL ITS CITIZENS JUSTICE, SOCIAL LIBERTY OF THOUGHT, EXPRESSION, BELIEF, FAITH SECURE TO ECONOMIC AND POLITICAL AND WORSHIP” And It also amounts to violation of Articles 14, 16 and 21 of the Constitution of India and this Hon'ble Court may be pleased to Direct the Respondents Nos.4 and 5 to reinstate the petitioner into service forthwith with all consequential benefits such suspension period as on duty. lA No: 1 OF 2023 as seniority promotion. Treating the Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances m support of the petition, the High Court may be pleased to suspend the impugned order of Suspension issued by Respondent-4 Vide Roc.No.603/2023/A5, Dated118-05-2023. Counsel for the Petitioner: SRI CHANDU HARSHA VARDHANA Counsel for the Respondent Nos.1 to 3 & 5: ASST.GP FOR Counsel for the Respondent No.4: SMT SIREESHA RANI RAO SERVICES-I VALLABHANENI, SC FOR MUNICIPALITIES The Court made the following: ORDER ft ft1. APHC010298182023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] BS:5 TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15505/2023 Between: Mohammad Shanoor Khan ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. HARSHA VARDHANA RAO C Counsel for the Respondent(S): 1.GP FOR SERVICES IV 2. K SREEDHARA MURTHY (SC for Municipalities and Municipal Corporation services) 3.GP FOR SERVICES I 4. GP for Village and Ward Secretariats The Court made the following ORDER: Heard Sri Chandu Harshavardhana Rao, learned counsel for petitioner, learned Assistant Government Pleader for Services-I, appearing for respondents 1 to 3 and 5 and 2 CGR, J W.P. No.15505 of 2023 r Smt.Sireesha Rani Vallabhaneni, learned appearing for 4'*' respondent. standing counsel 2. Limited grievance of the petitioner in the present writ petition is that petitioner was illegally placed under pending enquiry, but, however, having reinstated him i under the guise of proposed departmental enquiry, he extended the benefits such suspension into service, is not being as seniority, promotion besides treatment of period of suspension to be on duty as arbitrary and illegal. 3. Petitioner while working as Ward Sanitation and Environment Secretary of Narsapuram Municipality, has been placed under suspension on certain allegations by proceedings dated 16.05.2023 pending Later, he came to be reinstated into service on 25.10.2023 and is presently discharging duties as such. However, despite placing him under enquiry. suspension pending enquiry, without issuing any further disciplinary proceedings, his service register has been red-marked, which is stated to be causing stigma. 4. Learned counsel for petitioner petitioner has been reinstated into submits that though service as no disciplinary 3 CGR, J W.P. No.15505 of 2023 proceedings are initiated or pending against him, the period of suspension has to be regularized in terms of FR 54-(B). He is also being denied the benefits of promotion and other incremental benefits. Learned standing counsel appearing for 4"^ respondent placed on record written instructions stating that petitioner was initially placed under suspension, however, as the competent authority to hold enquiry being the respondent, 4*^ respondent has not initiated any disciplinary action against the petitioner. Further, even respondent has also not initiated any disciplinary proceedings as on today. The entries in the service 5. register are only with respect to the aspect of petitioner being placed under suspension. Once the disciplinary proceedings reach to logical end, the same will be corrected accordingly. Further, in case petitioner is exonerated from disciplinary proceedings, he is entitled to get all benefits including that of treating the suspension period on duty. 6. Admittedly, in the present case, petitioner was placed under suspension on 16.05.2023 and later, the same came to be revoked on 25.10.2023. Though 4^*^ respondent has suspended 4 CGR, J W.P. No.15505 of 2023 the petitioner on the pretext of conducting disciplinary action, apparently even according to the instructions placed on record, 4*^ respondent is not connpetent authority to initiate the aforesaid disciplinary action, rather it is the 5*^^ respondent who is competent enough. However, even 5"^ respondent as on today not initiated any disciplinary action even after lapse of almost two years. The same itself would go to show that respondents not contemplating to initiate any disciplinary proceedings. The powers of suspension provided under Rule 8(1) presuppose that the respondents would initiate enquiry. In the present case the very basis for initiation of such enquiry found to be myth in view of the fact that no such action has been initiated as of now, the very issuance of suspension proceedings is clearly in violation and contrary to the aforesaid provision. are 7. The claim of petitioner that respondents, under guise of anticipated departmental enquiry, having placed petitioner under suspension, are not extending the notional benefits including that of treating the suspension period as on duty, is completely unjustified and illegal has considerable force. 5 CGR, J W.P, No.15505 of 2023 In this view of the matter, the petitioner is given liberty to 8. make representation to respondents 4 and 5 within a period of two weeks and in case, such representation is received, they are directed to consider and pass appropriate orders on the said representation within a further period of eight weeks strictly in accordance with law. With the above directions, this writ petition is disposed of 9. accordingly. No costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER The Principal Secretary Municipal Administration & Urban Development Department, State of Andhra Pradesh Secretariat Buildings Velagapudi, Amaravati-522237. The Special Commissioner Department, Grama-Ward Volunteers/Village Ward Secretaries Tadepalli, Guntur District- 52250. The District Collector and Nodal Officer, Narsapuram , West-Godavari District-534201. The Municipal Commissioner, Narsapuram Municipality, West- Godavari District-534201. To, 1. 2. 3. 4. 5. The Regional Director-cum Appellate Commissioner, Municipal Administration, Rajamahendravaram- 6. One CC to Sri Chandu Harsha Vardhana Rao, Advocate [OPUC] 7. Two CCs to GP for Services-I, High Court of Andhra Pradesh. [OUT] 8. One CC to Smt. Sireesha Rani Vallabhaneni, SC for Municipalites. [OPUC] 9. Two CCs to GP for Services-IV, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Village & Ward Secretariats, High Court of Andhra Pradesh. [OUT] Three CD Copies. 10. 11. gi HIGH COURT gi DATED:22/04/2025 ORDER WP.No.15505 of 2023 .>5 S 3 0 APR 2025 ^ Current Section DISPOSING OF THE WRIT PETITION WITHOUT COSTS