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2025 DAILYLAW 22098 (AP)

PYLA VENKATA LAKSHMI v. THE STATE OF ANDHRA PRADESH

WP/15770/2025 · 2025-06-29

Challa Gunaranjan

body2025

Judgment text

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a f APHC010311612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i jf I MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE 1 PRESENT THE HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15770 OF 2025 s 4 Between: Pyla Venkata Lakshmi, W/o Rajana Kasi Viswanat, Aged about 32 years, Occ GMSK, Mahila Police(Suspension), O/o Dibbapalem-1 Sachivalayam, Dibbapalem (v), Atchuthapuram (M) Anakapalli District, AP. ...Petitioner AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Panchayat Raj Department Secretariat Buildings, Velagapudi, Amaravathi. 2. The District Collector, Office of the Collector & District Magistrate Visakhapatnam District. 3. The District Collector, Office of the Collector & District Magistrate Anakapalli, Anakapalli District, 4. The Superintendent of Police, Anakapalli District, Anakapalli. ...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, declaring the action of the respondents continuing the petitioner under suspension nearly two years without reinstating with effect from the date of suspension vide proceedings dated 26.08.2023 even though the charges not proved against the petitioner and deleted the petitioner name in the charge sheet as highly illegal, arbitrary, unjust, improper, contrary to G.O,M|-No. 22 GENERAL ADMINISTRATION (SER-C) DEPARTMENT Dated 29.02.2024 and violation of Article 14, 16 and 21 of the Constitution of *' '• ’■ ‘ ' I' ■ •India and consequently direct the respondents to reinstate the petitioner into service as OMSK (Grama Mahila Samila Samrakshana Karyadarsi) with all consequential benefits. lA 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 to direct the respondents to reinstate the petitioner into service as GMSK (Grama Mahila Samila Samrakshana Karyadarsi) in terms of G.O.Ms.No.22 GENERAL ADMINISTRATION (SER-C) DEPARTMENT Dated 29.02.2024. Counsel for the Petitioner: SRINIVASA RAO MORTHA Counsel for the Respondent No.4: GP FOR SERVICES I Counsel for the Respondent Nos. 1 to 3: GP FOR PANCHAYAT RAJ & RURAL DEV The Court made the following order: APHC010311612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15770/2025 Between: 1.PYLA VENKATA LAKSHMI, W/0 RAJANA KASI VISWANAT, AGED ABOUT 32 YEARS, OCC OMSK, MAHILA POLICE(SUSPENSION), 0/0 DIBBAPALEM-1, SACHIVALAYAM, DIBBAPALEM (V), ATCHUTHAPURAM (M) ANAKAPALLI DISTRICT, AP. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT BUILDINGS, VELAGAPUDI, AMARAVATHI. SECRETARIAT 2.THE DISTRICT COLLECTOR, OFFICE OF THE COLLECTOR AND DISTRICT MAGISTRATE VISAKHAPATNAM DISTRICT. 3.THE DISTRICT COLLECTOR, OFFICE OF THE COLLECTOR AND DISTRICT MAGISTRATE ANAKAPALLI, ANAKAPALLI DISTRICT, 4.THE SUPERINTENDENT OF POLICE, ANAKAPALLI DISTRICT ANAKAPALLI. ...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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents continuing the petitioner under suspension nearly two years without reinstating with effect from the date of suspension vide proceedings dated i 26.08.2023 even though the charges not proved against the petitioner and deleted the petitioner name in the charge sheet as highly illegal, arbitrary, unjust, improper, contrary to G.O.Ms.No. 22 GENERAL ADMINISTRATION (SER-C) DEPARTMWNT Dated 29.02.2024 and violation of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to reinstate the petitioner into service as GMSK (Grama Mahila Samila Samrakshana Karyadarsi) with all consequential benefits and pass lA 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 direct the respondents to reinstate the petitioner into service as OMSK (Grama Mahila Samila Samrakshana G.O.Ms.No.22 GENERAL ADMINISTRATION Dated 29.02.2024 and to pass Counsel for the Petitioner: Karyadarsi) in terms of (SER-C) DEPARTMENT 1.SRINIVASA RAO MORTHA Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: W.J ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking following relief;- “...to issue an appropriate a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents continuing the petitioner under suspension nearly two years without reinstating with effect from the date of suspension vide proceedings dated 26 08 2023 even though the charges not proved against the petitioner and deleted the petitioner name in the charge sheet as highly illegal arbitrary unjust improper contrary to G.O.Ms.No.22 GENERAL ADMINISTRATION SER.C DEPARTMENT Dated 29.02.2024 and violation of Article 14 16 and 21 of the Constitution of India and conseguently direct the respondents to reinstate the petitioner into service as GMSK Grama Mahila Samila Samrakshana Karyadarsi with all consequential benefits and to pass such other order or orders....” 2. Heard Mr.Srinivasa Rao Mortha, learned counsel for petitioner and learned Assistant Government Pleader for Services-I for respondents. Petitioner while working as Grama Mahila Samrakshana Karyadarsi at 3. Dibbapalem-1, has been placed under suspension by proceedings dated 26.08.2023 on account of she being involved in Crime No. 164 of 2023 dated 29.07.2023 for the offences under Sections 468, 471 read with 34 IPC. Petitioner has also been proceeded with by issuing charge memo dated 29.03.2024, for which she submitted explanation refuting the said charges. Enquiry office stated to have conducted enquiry and submitted report and final decision has not been taken well. 4. Learned counsel for the petitioner submits that the order of suspension of the petitioner is not reviewed in terms of G.O.Ms.No.22 GA (Ser.C) Department dated 29.02.2024. He confined his arguments and urged to direct the authority to review the suspension order in terms of the aforementioned G.O. 5. Learned Assistant Government Pleader for Services-I has placed on record written instructions dated 25.06.2025 stating that the proceedings are still going on and final decision is yet to be taken on the same. However, he does not refute the suspension order of the petitioner and submitted that the same will be reviewed in terms of G.O.Ms.No.22, dated 29.02.2024. 6. Given the facts and circumstances of the case, with the consent of both the learned counsel, the Writ Petition is disposed at admission stage, directing the respondent authorities to review the order of suspension of the petitioner dated 26.08.2023 in terms of G.O.Ms.No.22 GA (Ser.C) Department dated 29.02.2024 within a period of three (03) weeks from the date of receipt of a copy of this order. 7. Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR %r //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The District Collector, Office of the Collector and District Magistrate, Visakhapatnam District, 3. The District Collector, Office of the Collector and District Magistrate Anakapalli, Anakapalli District, The Superintendent of Police, Anakapalli District, Anakapalli. One CC to Sri Srinivasa Rao Mortha, Advocate [OPUC] Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT] Two CCs to GP for Panchayat Raj & Rural Dev, High Court of Andhra Pradesh [OUT] Two CD Copies 4. 5. 6. 7. 8. TF HIGH COURT DATED:30/06/2025 ORDER WP NO. 15770 OF 2025 ««JUL 2025 Current Section i. m ir i DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS