IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28148 OF 2024 Between: Sri Dandapalli Somasekhar, S/o. D. Venkatesh, aged about 43 years, Occ: Sub-Inspector (Under Suspension), Attached to the District Transport Commissioner, District Road Transport Office, Road Safety, Kadapa, Y.S.R. Kadapa District, A.P. R/o. D.No.10-125 Gangavaram Mandal, Chittoor District, A.P. Prasanth Nagar, ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Home, Secretariat, Velagapudi at Amaravathi, Guntur District, A.P. 2. The Director General of Police, Andhra Pradesh, Office of the DGP, Mangalagiri, Guntur District, A.P. The Deputy Inspector General of Police, Kurnool Range, Kurnool, Kurnool District, A.P. 4. The Superintendent of Police, Y.S.R. Kadapa District, Kadapa, A.P. ...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 or order or direction, more particularly, one in the nature of Writ of Mandamus declaring the action of the 3'^'^ and 4 Respondents in suspending the Petitioner for more than two and half years i.e. from 28.03.2022, and extending timely without considering the Petitioners Representation, dt. 07.10.2024, as illegal, arbitrary. 1. 3. th unconstitutional, against the C.C.A and Conduct Rules, and the G.O.Ms. ,f* No.^22 dt. 29.02.2024, and violative of Articles 14, 21 of the Constitution of India and also against the principles of natural justice and consequently i^rect the Respondents to reinstate the Petitioner on his duties as Sub- Inspector of Police, by set-aside the Suspend Order vide D.O. No. 356/2022, C. No. A6/3220/2022, dt. 28.03.2022 issued by the 4th Respondent i.e., the Superintendent of Police, Kadapa District, A.P., in pursuance of the Range Office Proceedings in C. No. C2/131/2022 (R.O.O. No.250/2022), dt. 22.03.2022 of the Inspector General of Police, Kurnool Range, Kurnool. lA NO: 1 OF 2024 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 direct the 3'”'^ and 4"^ Respondents to reinstate the Petitioner on his duties as Sub-Inspector of Police, as per G.O.Ms. No.22, dt. 29.02.2024, by set-aside the Suspend Order vide D.O. No.356/2022, C: No. A6/3220/2022, dt. 28.03.2022 issued by the 4'*^ Respondent pending disposal of writ petition. 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 receive the copies i.e., (1) Copy of Writ Petition, and Affidavit and (2) Copy of Interim Order, dt. 25.09.2023 in W.P. No. 24705 of 2023 and (3) Copy of Writ Petition, and Affidavit and (4) Copy of Interim Order, dt. 25.09.2023 in W.P. No. 24662 of 2023, on the file of this Hon ble Court and (5) Copy of Charge Sheet and Memo of Evidence, dt. 20.07.2023 in Cr. No. 68/2022, Alipiri Police Station, as additional material papers to reach the ends of justice in this matter by granting leave. Counsel for the Petitioner: SRI M. KISHORE BABU Counsel for the Respondent Nos.1 to 4: GP FOR SERVICES I The Court made the following: ORDER APHC010536932024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28148 / 2024 " Between: Dandapalli Somasekhar ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.MKISHORE BABU Counsel for the Respondent(S): i 1.GPFOR SERVICES I The Court made the following order: The petitioner, Sub-Inspector of Police, attached to the District " Transport Commissioner, Kadapa, placed under suspension, filed the above writ petition to declare the action of respondents 3 and 4 in keeping the petitioner under suspension for more than two and half years i.e. from 28.03.2022 and non consideration of representation dated 07.10.2024, as illegal and arbitrary. 2. Heard Sri M. Kishore Babu, learned counsel for the petitioner and STi S. Raju, learned Assistant Government Pleader for Services for. respondents 1 to 4. ‘ SRSJ W.P.NO.28148OF2024 3. A criminal case vide crime No.68 of 2022 was registered against the petitioner and others, by Alipiri Police, Tirupathi. The petitioner suspended from service, on 28.03.2022 vide D.O.No.356/2022, C.NO.A6/3220/2022 dated 28.03.2022 (Ex.P1). The Police filed charge sheet = in crime No.68 of 2022, before the Judicial Magistrate of First Class, for trial of Cases relating to Red Sandal Smuggling Cases, Tirupathi, on 20.07.2023. b) Earlier the petitioner filed W.P.No.24705 of 2023, to declare the action of respondents 3 to ;5 therein, in initiating the departmental proceedings, pending the criminal case, as illegal and arbitrary. Subsequently the petitioner filed another writ petition i.e. W.P.No.24662 of 2023, to declare the inaction of respondents 2 to 4 therein, in completing disciplinary inquiry and intending to pass final order, pending the criminal case. In both the writ petitions, interim orders were granted on 25.09.2023 and passing of final order by respondent No.4, was stayed for a period of four weeks. was c) The petitioner made representation dated 07.10.2024 (Ex.P2) to revoke the suspension. The said representation did not evoke any response. Impugning the action of the respondents in placing the petitioner under suspension for more than two and half years, the above writ petition is filed. At the hearing learned counsel for the petitioner confined his arguments and urged the Court to direct the respondents to consider the petitioner’s qua suspension in terms of G.O.Ms.No.22 General Administration (Ser-C) Department dated 29.02.2024. 4. case 5. Learned Assistant Government Pleader for Services did not refute the said submission of learned counsel for the petitioner. SRS,J W.P.NO.28148OF2024 Given the facts and circumstances of the case, without touching merits of the matter, this writ petition is disposed of at the admission stage, with the consent of learned counsel on either side, directing the learned respondent No.4 to pass appropriate orders qua suspension of the petitioner, keeping in view G.O.Ms.No.22 dated 29.02.2024, within six weeks from the receipt of a copy of this order. No costs. 6. Miscellaneous petitions pending, if any, shall stand closed. Sd/- M. SRINIVAS assistant registrar //TRUE COPY// OFFICER SEC To 1. The Principal Secretary, Department of Home, State of Andhra Pradesh, Secretariat, Velagapudi at Amaravathi, Guntur District, A.P. 2. The Director General of Police, Andhra Pradesh, Office of the DGP, Mangalagiri, Guntur District, A.P. 3. The Deputy Inspector General of Police, Kurnool Range, Kurnool, Kurnool District, A.P. 4. The Superintendent of Police, Y.S.R. Kadapa District, Kadapa, A.P. 5. One CC to Sri M. Kishore Babu, Advocate [OPUC] 6. Two CCs to GP for Services-1, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb • HIGH COURT DATED;05/02/2025 ^OFANdS^ ORDER WP.No.28148 of 2024 g 25 FEB 2025 n, L<* ^ ^ . Current Section . DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS