APHC010605702024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 39/2025 Between: 1. CHALAM VENKATESH, S/O. CHALAM SRINIVASULU, AGED ABOUT 29 YEARS, OCC ENGINEER ASSISTANT (GRADE - II) INDUKURUPETA, R/O. HARIJANA WADA, INDUKURPETA, NELLORE, A.P. - 524314. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, A.P. 2. THE DISTRICT COLLECTOR, SRI POTTI SREERAMULU NELLORE DISTRICT, A.P. 3. THE SUPERINTENDING ENGINEER, PR CIRCLE, SRI POTTI SREERAMULUNELLORE DISTRICT, A.P ...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 a Writ, order or direction more particularly one in the nature of Writ of Certiorari, calling for records pertaining to impugned orders vide Proceedings No.Rc No.EC3/827/Engineering Assistants/2024 dated 10.11.2024 passed by the Respondent No.2 and quash the same after declaring the same as illegal arbitrary, violation of Principles of Natural Justice, non-application of mind, not taking into consideration of the relevant Government Rules and Regulations, without jurisdiction, and consequently SRS,J W.P.No.39 of 2025 direct the Respondent No.2 to continue the Petitioner as Assistant Engineer (Grade -II), Leburu bit - 11 (Jagadevipeta), Indukurupeta Mandal with all pay benefits attached to the said post, and pass such IA 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 may be pleased to reinstate the Petitioner herein by suspending the suspension orders issued vide Proceedings No. Rc No. EC3/827/Engineering Assistants/2024 dated 10.11.2024 passed by the Respondent No.2and pass such Counsel for the Petitioner: 1. P S P SURESH KUMAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: :: ORDER :: The above writ petition is filed impugning the proceedings issued by respondent No.2 vide Rc.No.EC3/827/Engineering Assistants/2024, dated 10.11.2024 (Ex.P1), whereby suspending the petitioner by exercising powers under Rule 8(2)(a) of Andhra Pradesh Civil Services (Classification, Control & Appeal) Rules 1991, until conclusion of remand/termination of all proceedings relating to the remand, as illegal and arbitrary and in violation of G.O.Ms.No.22 General Administration (Ser.C) Department, dated 29.02.2024. 2. 2. Heard Sri P.S.P. Suresh Kumar, learned counsel for the petitioner and Sri S. Raju, learned Assistant Government Pleader for Services – I appeared for respondents 1 to 3. 3. At the hearing, learned counsel for the petitioner would submit that the suspension of the petitioner until the conclusion of remand/termination of all SRS,J W.P.No.39 of 2025 proceedings is illegal and contrary to G.O.Ms.No.22 General Administration (Ser.C) Department, dated 29.02.2024. 4. Per contra, the learned Assistant Government Pleader would submit that though the words „until the conclusion of remand/termination‟ are used, the suspension will be reviewed in terms of G.O.Ms.No.22 dated 29.02.2024. 5. The Government issued G.O.Ms.No.22 General Administration (Ser.C) Department dated 29.02.2024, reducing the outer limit of suspension of Government servants from two years to one year. The G.O., further speaks about the reinstatement of Government servants under suspension and further it envisages the review of suspension at the end of every four months instead of six months. 6. Thus, the words employed in the proceedings impugned, “suspension until conclusion of remand/termination of all proceedings relating to the remand”, are contrary to G.O.Ms.No.22, dated 29.02.2024. 7. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing learned respondent No.2 to pass appropriate orders/review suspension, in pursuance of Rc.No.EC3/827/Engineering Assistants/2024, dated 10.11.2024 (Ex.P1), strictly in terms of G.O.Ms.No.22 General Administration (Ser-C) Department, dated 29.02.2024. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 03.01.2025 TVN SRS,J W.P.No.39 of 2025 81 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.39 OF 2025 Date : 03.01.2025 TVN