\ , APHC010380412019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18736 OF 2019 Between: C.Jayasekhar, S/o. Late C.Kuppuswamy, Aged about 63 years, Retd. Administrative Officer, O/o. the District Medical and Health Office, Reddigunta, Chittoor Dist., D.No.10-713, Amman Koil Street Chittoor - 517 001, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary Health, Medical and Family Welfare Department, Secretariat, Velagapudi, Guntur Dist. 2. Th^Director of Public Health and Family Welfare, A.P., Gollapudi, Vijayawada, Krishna District. 3. Commissioner of Enquiry, General Administration Department, Secretariat Velagapudi, Guntur 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 particularly one in the nature of Mandamus calling for the records relating to G.O.Rt.No.278 Health Medical & Family Welfare (VC.1), Department, dated. 12-07-2019 and set aside the same as the same has issued in violation of the orders of the Andhra Pradesh Administrative Tribunal in O.A.No.2086/2018 da.ed.25-09-2018 apart from violation of Rule 9(II)B of the A.P. Revised Pension Rules 1980, as illegal and violation of Articles 14, 16 and 21 of the Constitution of India. lA NO: 1 OF 2019 Petrtion 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 impugned order GO.Rt.No.278 Health Medical Family Welfare (VC.1), Department dated. 12-07- 2019. and lA NO: 1 OF 2024 Between: 1. The State of Andhra Pradesh, Rep.by its Principal Secretary Health, Medical and Family Welfare Department, Secretariat, Velagapudi, Guntur Dist. 2. The Director of Public Health and Family Welfare, A.P. Vijayawada, Krishna District. 3. Commissioner of Enquiry, General Administration Department, Secretariat Velagapudi, Guntur District. Gollapudi, ...Petitioners/Respondents AND C.Jayasekhar, S/o. Late C.Kuppuswamy, Aged about 63 years. Retd. Administrative Officer, O/o. the District Medical and Health Office, Reddigunta, Chittoor Dist., D.No.10-713, Amman Koil Street Chittoor - 517 001, Chittoor District. ...Respondent/Petitioner 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 may be pleased to vacate the orders passed by Honble Court in WP.No. 18736 of 2019 dated 22-11-2019 and dismiss the same in the interest of justice. Counsel for the Petitioner: SRI C. SRINIVASA BABA Counsel for the Respondents : GP FOR MEDICAL HEALTH & FW The Court made the following: ORDER APHC010380412019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3396] / THURSDAY ,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE / / PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18736/2019 Between; 1.C.JAYASEKHAR, , S/0 LATE C.KUPPUSWAMY AGED ABOUT 63 YEARS, RETD. ADMINISTRATIVE OFFICER, 0/0. THE DISTRICT MEDICAL AND HEALTH OFFICE, REDDIGUNTA, CHITTOOR DIST, D.NO.10-713, AMMAN KOIL STREET CHITTOOR CHITTOOR DISTRICT. 517 001 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPBY ITS PRINCIPAL SECRETARY HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2.THE DIRECTOR OF PUBLIC HEALTH AND FAMILY WELFARE, , A.P., GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT. 3.COMMISSIONER OF ENQUIRY, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT ...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 toto issue a writ order or direction particularly one in the nature of Mandamus calling for the records relating to G.O.Rt.No.278 Health Medical 86 Family Welfare (VC.1), Department, dated. 12-07-2019 and set aside the same as the same has issued in violation of the orders of the Andhra Pradesh Administrative Tribunal in O.A.No.2086/2018 da.ed.25-09-2018 apart from violation of Rule 9(II)B of the A.P Revised Pension Rules 1980, as illegal and violation of Articles 14, 16 and 21 of the Constitution of India lANO; 1 OF 2019 23 lA NO: 1 OF 7()9d in th/rS" rfrH '■" circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased 18736 of 2019 dated 22-11-2019 and dismiss the same in the interest of justice as this Honble Court may deem fit and Counsel for the Petitioner: 1.C SRINIVASA BABA Counsel for the Respondent(S): 1.GP FOR SERVICES I (AP) 2. GP FOR MEDICAL HEALTH FW(AP) The Court made the following: proper 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18736/2019 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: to issue a writ, order or direction particulariy one in the nature of Mandamus calling for the records relating to G.O.Rt.No.278, Health Medical & Family Welfare (VC.1) Department, dated 12.07.2019 and set aside the same as the same has issued in violation of the orders of the Andhra Pradesh Administrative Tribunal in O.A.No.2086/201 8, dated 25.09.2018 apart from violation of Rule 9(II)B of the A.P. Revised Pension Rules, 1980 as illegal and violation of Articles 14, 16 and 21 of the Constitution of India and pass 2. Heard Sri C.Srinivasa Baba, learned counsel for the petitioner. 3. Learned counsel for the petitioner would submit that in the light of the orders passed in the writ petition transferred from the Andhra Pradesh Administrative Tribunal i.e. W.P(AT).No.2233 of 2021, dated 07.04.2025 the charge memo itself is set aside, no further orders are required in the present matter. Learned counsel would further submit that in the light of the orders passed in W.P(AT).No.2233 of 2021 as the charge memo itself is set aside by allowing the petition, consequential action which has been taken by the respondent authorities by appointing enquiry officer during the pendency of the case before the Andhra Pradesh Administrative Tribunal itself is not sustainable. as 4. Learned Assistant Government Pleader for Services-I would submit that recording the same, petition may be disposed of. 4 Considering the submissions made, as rightly put by learned counsel for the petitioner in the light of the orders passed in W.P(AT).No.2233 of 2021, dated 07.04.2025, wherein the charge memo issued to the petitioner itself was set aside, then the appointment of Enquiry Officer does not stand for legal scrutiny. 5. \ \ 6. In that view, the writ petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. 'Sd/-U.SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary Health, Medical and Family Welfare State of Andhra Pradesh, Secretariat, Velagapudi, Guntur 2. The Director of Public Health and Family Welfare, Vijayawada, Krishna District. 3. Commissioner of Enquiry, General Administration Velagapudi, Guntur District 4. One^CC to Sri C. Srinivasa Baba, Advocate [OPUC] 5. Two CCs to GP for Medical Health & FW Amaravati [OPUC] 6. Two CD Copies Cnr Department, Dist. A.P., Gollapudi f 7 Department, Secretariat High Court of Andhra Pradesh at HIGH COURT DATED:26/06/2025 in m'.m ORDER WP 18736/2019 m LiJ ★ DISPOSING OF THE W P WITHOUT COSTS