8 fc 2 * ■ I APHC010388192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20074 OF 2025 Between: Badugu Chaitanya, S/o Adam, aged about 34 years, Occ. Welfare and Education Assistant, Kothapalem-ll R/o. Door No. 6-10-73/4, 20th ward, Jaladi vari Street, Repalle, Bapatia District, Andhra Pradesh - 522265. ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its Principal Secretary to Government, Social Welfare Department, A.P. Secretariat Buildings, Amaravati, Guntur District, Andhra Pradesh. 2. The Collector and District Magistrate, Bapatia, Bapatia District, Andhra Pradesh. 3. The Mandal Parishad Development Officer(MPDO), Nizampatnam Mandal, Bapatia District, Andhra Pradesh. 4. The Assistant Social Welfare Officer, Repalle, Bapatia District, Andhra Pradesh. 5. The Kothapalem Gram Panchayat, rep by its Panchayat Secretary, Kothapalem-ll Village Secretariat, Nizampatnam Mandal, Bapatia District, Andhra Pradesh. ...RESPONDENTS ' i Petition under Article 226 of the Constitution of India praying that in the circumstancesstated in the affidavit filed therewith, the High Court may be pleased to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus, declaring action of the respondent no.2 in issuing impugned suspension order issued vide Rc. No. A1/85/2024, dated 30.11.2024, placing the petitioner under suspension from the date of communication of the order until conclusion of the disciplinary proceedings without any review of the initial suspension, despite lapse of 5 months as contemplated in G.O.Ms.No.22 dated 29.02.2024 as illegal,arbitrary, and violative of the principles of natural justice besides amounting to infringement of Fundamental Rights guaranteed under Article 14, 15, 19 and 21 of the Constitution of India and consequently set aside impugned suspension order issued vide Rc. No. A1/85/2024, dated 30.11.2024 reinstating the Petitioner into service forthwith 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 suspend the operation of the suspension order Rc. No. A1/85/2024, dated Respondent, placing the Petitioner under nd issued by the 2 30.11.2024, suspension and pass order or orders in accordance with law pending disposal of the above writ petition. Counsel for the Petitioner: SRI JADA SRAVAN KUMAR Counsel for the Respondent Nos.1,2 & 4: GP FOR SERVICES II Counsel for the Respondent Nos.3 & 5: M/s. B.V.APARNA LAKSHMI, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following order: P APHC010388192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] r TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20074/2025 Between; 1.BADUGU CHAITANYA, S/0 ADAM, AGED ABOUT 34 YEARS, OCC. WELFARE AND EDUCATION ASSISTANT, KOTHAPALEM-LL R/0. DOOR NO. 6-10-73/4, 20TH WARD, JALADI VARI STREET, REPALLE, BAPATIA DISTRICT, ANDHRA PRADESH - 522265. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, SOCIAL SECRETARIAT AMARAVATI, GUNTUR DISTRICT, WELFARE DEPARTMENT, A.P. BUILDINGS, ANDHRAPRADESH. COLLECTOR AND DISTRICT MAGISTRATE, BAPATLA, BAPATLA DISTRICT, ANDHRA PRADESH. 3.THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, NIZAMPATNAM MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH. 4.THE ASSISTANT SOCIAL WELFARE OFFICER, 2.THE 2 VN, J W.P.No.20074 of 2025 REPALLE, BAPATLA DISTRICT, ANDHRA PRADESH. 5.THE KOTHAPALEM GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY. KOTHAPALEM-LL VILLAGE SECRETARIAT. DISTRICT, ANDHRA PRADESH. NIZAMPATNAM MANDAL, BAPATLA ...RESPONDENT(S): Counsel for the Petitioner: 1.JADA SRAVAN KUMAR Counsel for the Respondent(S): 1.GP FOR SERVICES II The Court made the following: 3 VN, J W.P.No.20074 of 2025 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.20074 of 2025 ORDER: The present writ petition is filed questioning the suspension nd order issued vide Rc.No.A1/85/2024, dated 30.11.2024 by the 2 respondent against the petitioner. The petitioner was appointed as Welfare and Education 2. Assistant at Kothapalem-11 Village Secretariat, Nizampatnam Mandal. While so, the impugned order of suspension was issued under Rule 8(1) of Andhra Pradesh Civil Services (CCA) Rules, 1991 on the premise that there are certain allegations against the petitioner. Questioning the same, the present writ petition is filed. Learned counsel for the petitioner would submit that the 3. impugned order dated 30.11.2024 and the continuance of the order of suspension amounts to punishment. He further submits that the proposed charges against the petitioner do not warrant to keep the petitioner under suspension for such a long time. 4 VN, J W.P.No.20074 of 2025 4. Learned Assistant Government Pleader disciplinary action considering the charges that the order of suspension cannot be found fault would submit that is being initiated against the petitioner and are proposed against the petitioner, with. 5. Heard the respective counsel. 6. G.O.Ms.No.22, dated 29.02.2024 wherein the Government after taking into consideration eariier G.Os. directed that orders of suspension should be reviewed limit of suspension of the said G.O. is extracted below; every (04) months and the outer was reduced to one year. The paragraph No.5 ‘After careful examination of the matter, after reviewing the said G.Os., duly obtaining the advice of the Competent Authority and in modification of the orders issued in the G.Os.1®' to 4'^ hereby direct to reduce the read above. Government outer limit of suspension of Government servant from two (2) years to one (1) year from the date of suspension of the Government servant fixed in read with G.O.Ms.No.86 G.A. (Ser.C) Dept., dt.8.3.1994 read with G.O.Ms.No.526, G.A. (Ser.C) Dept., dt 19.8.2008 and G.O.Rt No.2285, Dt. 18.05.2012 for reinstatement of the Government servant under suspension, subject to all other G.A. (Ser.C) Dept., conditions w 5 VN, J W.P.No.20074 of 2025 stipulated therein and also direct to review the order of suspension against a Government servant both in ACB and Departmental Inquiries at the end of every four (4) months instead of six (6) months fixed in G.O.Ms.No.86, G A. (Ser.C) Dept., dt.8.3.1994.” 7. Therefore, the Writ Petition is disposed directing the respondents to review the impugned suspension order dated 30.11.2024 issued by the 2^^ respondent in terms of paragraph No.5 of the above G.O. within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any shall stand closed. Sd/- M. PRABHAKAR RAO assistant registrar //TRUE COPY// SECTION OFFICER To, Government, Social Welfare Department 1. The Principal Secretary to state of Andhra Pradesh, A.P. Secretariat Buildings, Amaravati, Guntur District, Andhra Pradesh. 2. The Collector and District Magistrate, Pradesh. Bapatla, Bapatla District, Andhra Development Officer(MPDO). Nizampatnam 3. The Mandal Parishad Mandal, Bapatla District, Andhra Pradesh Officer, Repalle, Bapatla District, Andhra 4 jhe Assistant Social Welfare Pradesh. f The Panchayat Secretary, Kothapalem Gram Panchayat, Kothapalem-ll Village Secretariat, Nizampatnam Mandal, Bapatia District, Andhra Pradesh. One CC to Sri Jada Sravan Kumar, Advocate [OPUC] One CC to M/s. B.V.Aparna Lakshmi, SC for ZPP, MPP & Gram PAnchayat[OPUC] Two CCs to GP for Services-ll, High Court of Andhra Pradesh [OUT] Two CD Copies. 5. 6. 7. 8. 9. ssb I'- sV. HIGH COURT DATED:05/08/2025 ORDER WP No. 20074 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS