IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION NO: 19345 OF 2023 PRASAD Between: Kocharlakota Sandya, D/o.K.S.R.K.Murthy, Aged 42 years Occ Dv R/o.Aashi-Rishi^ Height^ Road No 3 Pinnamaneni Teachers Colony, Vijayawada -7, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Secretary to Government rnmmi?!.i=pT Division-lll, Department of Land Mar, District. Division-Ill Pradesh, ...Respondents Petition under Articie 226 of the Constitution ol" India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction may more particularly one in the nature of Writ of Mandamus, declaring the impugned action of the 2 respondent in issuing impugned proceeding No.CCSTs Ref.No 131/2023 dt 05.06.2023, piacing the petitioner under suspension, on the only ground of detention in custody for more than 48 hours, vide the impugned order CCST's Ref.No.131/2023, dt 05.06.2023, nd and further action in not revoking suspension and reinstating the petitioner after release from the custody. 4 inspite of representation dt 25.07.2023, as illegal, arbitrary and violative of Article 14 of the Constitution of India. lA NO: 1 OF 2023 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 grant interim suspension of the impugned proceedings No. CCSTs Ref.No.131/2023, dt 05.06.2023, consequently to re-instate the petitioner into service, pending disposal of the present Writ Petition. Counsel for the Petitioner: SRI G V SHIVAJI Counsel for the Respondents: GP FOR SERVICES -1 The Court made the following order: 1 m APHC010378902023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 19345/2023 Between: 1.KOCHARLAKOTA SANDYA, D/O.K.S.R.K.MURTHY, AGED 42 YEARS, OCC. DY. ASST. COMMISSIONER (ST), R/O.AASHI-RISHI HEIGHTS, ROAD N0.3 PINNAMANENI TEACHER'S COLONY, VIJAYAWADA -7, KRISHNA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY TO GOVERNMENT, (COMMERCIAL TAXES) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE CHIEF COMMISSIONER STATE TAXES, DEPARTMENT OF COMMERCIAL TAXES, GOVERNMENT OF ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT. 3.THE JOINT COMMISSIONER STATE TAX, DIVISION-ILL, DEPARTMENT OF COMMERCIAL TAXES, GOVERNMENT OF ANDHRA PRADESH, LOTUS LAND MARK, AYODHYA NAGAR, VIJAYAWADA, KRISHNA DISTRICT-520003. 4.THE ASSISTANT COMMISSIONERSTATE TAX, GUDIVADA CIRCLE, DIVISION-III, COMMERCIAL TAXES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, KRISHNA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.G VSHIVAJI Counsel for the Respondent(S): r_.j 2 1.GPF0R SERVICES I The Court made the following: ORDER: Heard Sri G.V. Shivaji, learned Counsel for the Writ Petitioner appearing online and Sri G.V.S. Kishore Kumar, learned Government Pleader for Services-I. 2. The prayer sought in the present Writ Petition is as under: “It is prayed that this Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned action of the 2"'^respondent in proceeding impugned No.CCST’s issuing Ref.No.131/2023 dt 05.06.2023, placing the petitioner under suspension, on the only ground of detention in custody for more than 48 hours, vide the impugned order CCST’s Ref. No.131/2023,dt 05.06.2023 and further action in not revoking suspension and reinstating the petitioner after release from the custody, inspite of representation dt 25.07.2023, as illegal, arbitrary and violative of Article 14 of the Constitution of India and pass such order or orders as this Hon’ble Court deems fit just and proper in the circumstances of this case.” It is the case of the Writ Petitioner that while discharging her duties as Public Servant, all of a sudden, at 04:00 P.M on 31.05.2023, she was taken into custody by showing her arrest during late hours i.e., at 11:53 P.M of 31.05.2023. It is submitted that the Petitioner remained in Judicial Custody up to 01.07.2023, which is for a period of about one month. As a consequence of remaining in judicial custody, the Writ Petitioner was placed under suspension vide Order dated 05.06.2023 bearing CCST’s Ref.No.131/2023 (Ex.P.2). The Writ Petitioner herein is challenging the said Suspension Proceeding dated 05.06.2023. The Official Respondents had passed the impugned Order by invoking the Rule 8 of the Andhra Pradesh Civil Services (CCA) Conduct Rules. 3. 3 4. The Government of Andhra Pradesh has issued G.O.Ms.No.22 General Administration (SER-C) Department dated 29.02.2024. The Government of Andhra Pradesh, after having reviewed the earlier regulations from 1993 upto 2012 had issued the directions in G.O.Ms.No.22 dated 29.02.2024. 5. In terms of the said direction, the outer limit of suspension of a Government Servant was reduced from two years to one year from the date of suspension and that for the purpose of reinstatement of the Government Servant under suspension, the Government is directed to review the Order of Suspension, both in ACB cases and Departmental Enquiries, at the end of every four months instead of the earlier six months. Having regard to the facts of this case, this Court is inclined to dispose of this Writ Petition with a direction to the Official Respondents to consider the case of the Writ Petitioner in accordance with G.O.Ms.No.22 General Administration (SER-C) Department dated 29.02.2024 within a period of six weeks from today, if not already considered. 6. 7. With the above observations and directions, this Writ Petition is disposed of. No order as to costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K. SRINIVASA RAJU ASSISTANT REGI^AR SEcilON OFFICER 1. The Secretary to Government, (Commercial Taxes) Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Chief Commissioner (State Taxes), Department of Commercial Taxes, Government of Andhra Pradesh, Tadepalli, Guntur District. 3. The Joint Commissioner (State Tax), Division-Ill, Department of Commercial Taxes, Government of Andhra Pradesh, Lotus Land Mark, Ayodhya Nagar, Vijayawada, Krishna District-520003. 4. The Assistant Commissioner(State Tax), Gudivada Circle, Division-Ill, Commercial Taxes Department, Government of Andhra Pradesh, Krishna District. 5. One CC to Sri G V Shivaji, Advocate [OPUC] 6. Two CCs to GP for Services -1, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies //TRUE COPY// To, RAM ' J! HIGH COURT DATED.05/06/2025 ORDER WP.No.19345 of 2023 DISPOSING OF THE WP WITHOUT COSTS