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2025 DAILYLAW 24854 (AP)

B SRINIVASULU REDDY v. THE STATE OF ANDHRA PRADESH

WP/20958/2025 · 2025-08-17

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010351252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20958/2025 Between: B Srinivasulu Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. PEETA RAMAN Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.20958 of 2025 O R DE R: The present Writ Petition is filed to declare the action of Respondent No.2 in not considering the representations of the Petitioner dated 31.10.2023, 02.01.2024, 04.04.2024, 06.07.2024, 27.09.2024, 09.11.2024, 12.02.2025, 11.06.2025 and 30.06.2025 with regard to the period of suspension from 28.09.2016 to 06.06.2017 as on duty as illegal and arbitrary. 2. The Petitioner was initially appointed As Typist on 14.09.1995 and thereafter he was promoted as Senior Accountant and thereafter he was promoted as Sub Treasury Officer. While so, a Criminal Case was registered against the Petitioner vide FIR No.02 of 2017 before Darsi Police Station for the offence punishable under Section 409 r/w 34 IPC. On the self same charges, a Disciplinary Proceeding was said to have been issued against the Petitioner. Questioning the same, Petitioner approached Andhra Pradesh Administrative Tribunal and the Tribunal suspended the Disciplinary Proceedings. It is further stated that the Petitioner was acquitted in Criminal Case No.115 of 2018 on the file of Judicial Magistrate of First Class, Darsi vide 3 Orders dated 27.10.2023 and no further appeal was said to have been filed thereon. In that view, the petitioner gave representation to drop disciplinary proceedings as it was based on the very same set of allegations and evidence and also sought for considering the period of suspension i.e., from 28.09.2016 to 06.06.2017 as on duty. 3. Learned counsel for the Petitioner would submit that no appeal was filed against the said acquittal of the Petitioner and therefore, Departmental Proceedings can be dropped and the suspension be regularized as the evidence and nature of allegations are one and the same. 4. Sri S. Raju, learned Assistant Government Pleader would contend that appropriate decision would be taken by the Respondent Authorities taking note of the Judgment in C.C.No.115 of 2018 and the representations given by the Petitioner. 5. In that view, this Court is of the opinion that the present Writ Petition can be disposed of directing the Respondent Authorities to dispose of the representations submitted by the Petitioner taking note of the Judgment in C.C.No.115 of 2018 on 4 the file of the Judicial Magistrate of First Class, Darsi, dated 27.10.2023, and pass appropriate orders within a period of two (02) months from the date of receipt of a copy of this Order. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 18.08.2025 eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20958/2025 Dt. 18.08.2025 eha