Extracted from the PDF above. The PDF is authoritative.
APHC010397472025 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 WRIT PETITION NO: 20442 OF 7noK VIJAY Between: Ch^ Vijaya Krishna, S/o, Jangam, aged 25 years, R/o D.No.8-73 Panchayat Office, Thimmasannudram (V) District. Near Naguluppalapadu (M), Prakasam ...PETITIONER - AND
1. The State of Andhra Pradesh, Raj and Rural DevelopmentRep by its Principal Secretary, Panchyat Secretariat Buildings, Department Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Panchayat Raj Guntur District. and Rural Development, Tadepalli,
3. The District Collector, Prakasam District. 4. The District Panchayat Officer, Prakasam
5. The Mandal Parishad Prakasam District. 6. The Extension Officer, (PR & rd), Singarayakonda District. 7. The Panchayat Secretary, Singarayakonda(M), Prakasam District. District at Ongole. Development Officer, Singarayakonda(M), Mandat, Prakasam Singarayakonda Gram Panchayat, ...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 declaring the impugned action of the respondents particularly the 4*^ respondent of Writ of Mandamus, in placing the petitioner under suspension (Panchayat) A4, action in not reviewing the vide impugned proceedings ROC. No.343/2024 dt. 16.07.2024, as illegal, arbitrary and further suspension and continuing the petitioner being requirement for such under suspension without there continuation as illegal, arbitrary and violative I of India of Article 14 of the Constitution proceedings in 16.07.2024, on the file of 4‘^ petitioner in the interest of justice. consequently set aside the impugned A4, dt.16.07.2024, dt respondent, with all consequential benefits ROC.No.343/2024(Panchayat) to lA NO: 1 OF Petition under Section 151 CPC in the affidavit filed i grant interim dt.16.07.2024, petitioner by paying subsistence allowances above Writ Petition. Counsel for the Petitioner: SRI Counsel for the Respondent Nos. praying that in the circumstances stated in support of the petition, the High Court may be pleased to suspension of impugned ROC.No.343/2024(Panchayat) on the file of 4'^ respondent. A4, consequentially to reinstate the . arrears, pending disposal of the G. V. SHIVAJI -- 1 to 4 & 7: GP FOR PANCHAYAT RAJ and rural development 5 & 7; SRI M. SUDHIR, SC FOR 2PP, MPP & GRAM PANCHAYAT
" Counsel for the Respondent Nos.
The Court made the following order:
APHC010397472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20442 OF 2025 Between: ...PETITIONER Ch Vijaya Krishna AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.G VSHIVAJI Counsel for the Respondent(S):
1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following:
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20442 OF 2025
ORDER:- The Present Writ Petition is filed questioning the suspension order, vide Roc.No.343/2024 (Panchayat) A4, dated 16.07.2024 issued by the Respondent No.4 as illegal and arbitrary.
2. The Petitioner was initially appointed as Junior Assistant on Compassionate Grounds on 11.11.2020 and posted at Chinaganjam Panchayat; thereafter transferred to Eepurupalem Gram Panchayat, Chirala Mandal and further transferred to Singarayakonda Gram Panchayat on
31.05.2023.
3. While so, the Respondent No.4 issued
order of suspension on 16.07.2024 on the ground that the Petitioner was absconding from duties from
16.01.2024. Though, the Petitioner had submitted his explanation on 21.03.2025 by enclosing all relevant documents relating to deputing the Petitioner on Election Duties on 13.05.2024 and further documents viz.. Pay Slip from January-2024 (16 days), Election Duties on 13.05.2024, Collection of House Taxes by Petitioner for January and February, 2024, Challan for Rs. 50,000/- dated 20.02.2024; Challan for Rs. 5,17,512/- dated 27.03.2024; Challan for Rs. 50,182 and 19,440/- dated 08.02.2024 and 21.03.2024 respectively. As the representation of the Petitioner was not considered by the Respondent Authorities, the present Writ Petition came to be filed. 4, Learned counsel for the Petitioner also relied upon G.O.Ms.No. 22, General Administration (SER-C) Department, Clause 5 thereof reads as under; dated 29.02.2024, wherein
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 G.Os. to 4^^ read above, Government reduce the outer limit of suspension of Government hereby direct to servant from two (2) years to one (1) year from the date of suspension of the Government fixed in G.O.Ms.No.86, G.A (Ser.C) Dept, G.O.Ms.No.526, G.A. (Ser.C) Dept, dt 19.08.2008 and G.O.Rt.No.2285, G.A.(Ser.C) Dept, Dt18.05.2012 for servant dt. 8.3.1994 read with reinstatement of the Government servant under suspension, subject to all other conditions 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."
5. Learned Assistant Government Pleader for the Respondents submit that the Respondent Authorities will examine the case of the Petitioner for revocation of suspension depending on the gravity of the Charge. 6. In that view, the Writ Petition is disposed of with following directions: (i) The Respondent No.4 is forthwith directed to re-examine the order of suspension of the Petitioner dated 16.07.2024 by taking into consideration the G.O.Ms.No. 22, General Administration (SER-C) Department, dated 29.02.2024 and pass appropriate orders, preferably within a period of two (02) weeks from the date of receipt of a copy of this order. would of (ii) There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed.
Sd/- M RAMESH BABU DEPUTY REGISTER //TRUE COPY// ‘K- OFFICER SECTIO To
1. The Principal Secretary Department, State of Andhra Pradesh Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Panchayat Raj and Rural Development, Tadepalli,^ Guntur District. 3. The District Collector, Prakasam District. 4. The District Panchayat Officer, Prakasam District at Ongole. 5. The Mandal Parishad Development Officer, Singarayakonda(M)^_ Prakasam District. 6. The Extension Officer(PR and RD), Singarayakonda Mandat, Prakasam District. 7. The Panchayat Secretary, Singarayakonda Gram Panchayat, , Singarayakonda(M), Prakasam District. 8. One CC to Sri G. V. Shivaji, Advocate [OPUC]
9. One CC to Sri M. Sudhir, SC for ZPP, MPP & Gram Panchayat[OPUC]-
10. Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh [OUT]
11. Two CD Copies. Panchyat Raj and Rural Development Secretariat Buildings^ ssb
I % I HIGH COURT \ 4 DATED:05/08/2025
ORDER WP No. 20442 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS