IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 610 OF 2025 Between: Smt. D. Vijaya Lakshmi, DR/ Divisional Co-operative Officer, Gudivada W/o.S. Narsimha Murthy, aged about 57 years, R/o. Tadepalligudem , West Godavari Dist., AP. ...Petitioner AND 1. The State of Andhra Pradesh, rep by its Principal Secretary Cooperative Department, Secretariat, Amaravati, Velagapudi, Krishna Dist, AP. 2. The Commissioner for Co-operation and Registrar of Co-operative Societies, Guntur, Guntur District, AP. 3. The District Co-operative Officer, Krishna Dist., at Machilipatnam, Krishna District, AP. 4. The District Collector, Krishna District, at Machilipatnam, Krishna District, AP. ...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 an order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in issuing the Charge sheet and Suspension Orders vide Proc. in File No AGC06- 11031(33)/2/2023-SEVCES-CCRCS Guntur, Dt.26-12-2023, violative of the powers conferred under sub-rule (1) (a) of Rule.8 of Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, is illegal, capricious Violative of principles of natural justice, contrary to well established principles of law, and as such liable to be set aside in the K,;,. iS-. I tj' interest of justice with a consequential direction to pay all the wages for the suspension period from 26-12-2023 till re instatement. 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 Stay all further proceedings in pursuance of the Suspension Orders Suspension Orders vide Proc. in 11031(33)/2/2023-SEVCES-CCRCS. Guntur, Dt.26-12-2023 and 16-10- 2023, by directing the respondents to continue the petitioner forthwith, pending disposal of the W.P. File No AGC06- Counsel for the Petitioner: SRI S M SUBHAN Counsel for the Respondents: GP FOR SERVICES II Counsel for the Respondents: GP FOR COOPERATION The Court made the following order: APHC010012192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 610/2025 Between: 1.D VIJAYA LAKSHMI, DR/ DIVISIONAL CO-OPERATIVE OFFICER GUDIVADA W/O.S. NARSIMHA MURTHY, AGED ABOUT 57 YEARS R/0. TADEPALLIGUDEM, WEST GODAVARI DIST., AP. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL COOPERATIVE DEPARTMENT, SECRETARIAT, SECRETARY AMARAWATHI, VELAGAPUDI, KRISHNA DIST, AP. 2.THE COMMISSIONER FOR COOPERATION AND REGISTRAR OF COOPERATIVE SOCIETIES, GUNTUR, GUNTUR DISTRICT, AP. 3.THE DISTRICT COOPERATIVE OFFICER KRISHNA DIST, AT MACHILIPATNAM, KRISHNA DISTRICT, AP. 4.THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM, KRISHNA DISTRICT, AP. AT ...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 to issue an order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in issuing the Charge sheet and Suspension Orders vide Proc. in File No AGC06- 11031(33)/2/2023-SEVCES-CCRCS, Guntur, Dt.26-12-2023, violative of the powers conferred under sub-rule (1) (a) of Rule.8 of Andhra Pradesh Civil SRS.J W.P.No.610 of 2025 Services (Classification, Control and Appeal) Rules capricious Violative of principles of natural justice, contrary to well established principles of law, and as such liable to be set aside in the interest of justice with a consequential direction to pay all the wages for the suspension period from 26-12-2023 till re instatement and to pass 1991, is illegal. 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 Stay all further proceedings in pursuance of the Suspension Orders Suspension Orders vide Proc. in File No AGC06- 11031(33)72/2023- SEVCES-CCRCS, Guntur, Dt.26-12-2023 and 16-10-2023, by directing the respondents to continue the petitioner forthwith, pending disposal of the W.P, and pass Counsel for the Petitioner: 1.S M SUBHAN Counsel for the Respondent(S): 1.GP FOR SERVICES II 2.GP FOR COOPERATION The Court made the following: :: ORDER :: Heard Sri S.M.Subhan, learned counsel for the petitioner and Sri Sarath, learned Assistant Government Pleader for Services - II appeared for the respondents. The petitioner. Deputy Registrar/Divisional Co-operative Officer, Gudivada, was placed under suspension vide File N0.AGCO6- 11031(33)/2/2023-SEVCES-CCRCS, dated 26.12.2023 (Ex.P1) issued by the respondent No.2. A charge memo dated 31.05.2024, was issued against the petitioner and the petitioner submitted an explanation on 08.08.2024. 2. 1 SRS,J W.P.No.610 of 2025 Thereafter, the inquiry officer was appointed. However, the inquiry has not been concluded so far. Learned counsel for the petitioner would confine his arguments and urge to direct the respondent authorities to conclude the inquiry. 3. Learned Assistant Government Pleader would submit that the inquiry will be completed in terms G.O.Ms.No.91 dated 12.09.2022. 4. The Government issued G.O.Ms.No.679 General Administration (Services-C) Department, dated 01.11.2008 and G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022 fixing the timelines to complete the inquiry within six months in complicated and three months in simple cases respectively. In the case at hand, the charge memo issued against the petitioner is dated 31.05.2024 and the petitioner submitted an explanation dated 08.08.2024. Despite the timelines fixed in the G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022, the inquiry has not been concluded so far. 5. 6. The Government also issued G.O.Ms.No.22 General Administration (Ser.C) Department dated 29.02.2024, reducing the outer limit of a Government servant from two years to one year. The G.O., further speaks about the reinstatement of a Government servant under suspension and further, it envisages the review of suspension at the end of every four months instead of six months. However, in the case at hand, the respondent authorities failed to review the suspension of the petitioner. 7. Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing respondent No.2 to conclude the inquiry within three (03) months. Respondent No.2 also shall review the suspension of the petitioner in 8. m > SRS,J W.P,No.610 of 2025 terms of G.O.Ms.No.22 General Administration (Ser.C) Department dated 29.02.2024 and pass appropriate orders. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER The Principal Secretary Cooperative Department, State of Andhra Pradesh, Secretariat, Amaravathi, Velagapudi, Krishna Dist, AP. The Commissioner for Co-operation and Registrar of Co-operative Societies, Guntur, Guntur District, AP. The District Co-operative Officer, Krishna Dist., at Machilipatnam, Krishna District, AP. The District Collector, Krishna District, at Machilipatnam, Krishna District, AP. One CC to Sri S M Subhan, Advocate [OPUC] Two CCs to GP for Services - II, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Cooperation, High Court of Andhra Pradesh. [OUT] Two CD Copies 1. 2. 3. 4. 5. 6. 7. 8. RAM HIGH COURT DATED:30/01/2025 ORDER WP.No.610 of 2025 DISPOSING OF THE WP WITHOUT COSTS