APHC010695172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 35907/2025 Between: 1. N.G. NARASIMHULU,, S/O. N. KADIRAPPA, AGED 58 YEARS, OCC HEAD MASTER (PSHM) R/0.D.N0.1-313D, NEAR VINAYKUMAR HIGH SCHOOL, NORTH GATE, CHINMAYA NAGAR, ANANTAPURAMU, ANANTAPURAMU DISTRICT- 515001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT- 522237 2. THE DISTRICT COLLECTOR, ANANTAPURAMU, ANANTAPURAMU DISTRICT-515001. 3. THE DISTRICT EDUCATIONAL OFFICER, ANANTAPURAM, ANANTAPURAM DISTRICT-515001. 4. THE MANDAL EDUCATIONAL OFFICER, GARALADINNE, ANANTAPURAM DISTRICT-515731 ...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 topleased to issue a writ, Order or direction more particularly one in the nature of Writ of Mandamus 2 declaring the action of the 3rd Respondent issued the impugned suspension proceedings vide. Rc.No.2092/C2/2025, dated.21.07.2025 placing the petitioner under suspension and continuing in spite of petitioner's several personal approaches and representation as illegal and arbitrary and in violation of principles of natural justice and in contravention of Article 14, 16 and 21 of the Constitution of India and also contrary to the Service Rules and consequently direct the Respondents to reinstate the petitioner into the service as Primary School Head Master by duly Suspending the impugned proceedings vide. Rc.No.2092/C2/2025, dated.21.07.2025 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 pleased to direct the Respondents to reinstate the petitioner into the service Primary School Head Master by duly Suspending the impugned proceedings vide. Rc.No.2092/C2/2025, dated.21.07.2025 forthwith pending disposal of the above writ petition Counsel for the Petitioner: 1. SHAIK MEERAVALI Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.35907 of 2025 ORDER : The present writ petition is filed questioning the suspension order issued vide Rc.No.2092/C2/2025, dated 21.07.2025 by the Respondent No.3 against the petitioner, as illegal and arbitrary. 2. The petitioner was appointed as Secondary Grade Teacher (SGT) on 03.07.1995 at was posted at MPP School, CM Pally, OD Cheruvu Mandal. Later, Petitioner was promoted as Primary School Headmaster (PSHM) and was presently working at MPP School, Old Kalluru Village, Garladinne Mandal, Ananthapuram District. While so, the impugned order of suspension was issued under Rule 8(1)(d) of the Andhra Pradesh Civil Services (CCA) Rules, 1991 on the premise that Petitioner and his son quarrelled and attempted to physically attack when MEO-I & II of Garladinne Mandal as they made a complaint against Petitioner. Questioning the same, the present writ petition is filed. 3. Learned counsel for the Petitioner would submit that the impugned order dated 21.07.2025 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 4. Learned Assistant Government Pleader would submit that disciplinary action is being initiated against the petitioner and considering the charges that are proposed against the petitioner, the order of suspension cannot be found fault with. 5. Heard the respective counsel. 6. G.O.Ms.No.22, dated 29.02.2024 wherein the Government after taking into consideration earlier G.Os. directed that orders of suspension should be reviewed every (04) months and the outer limit of suspension was reduced to one year. The paragraph No.5 of the said G.O. is extracted below: “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.1st to 4th read above, Government hereby direct to reduce the 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, G.A. (Ser.C) Dept., Dt.18.05.2012 for 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.” 7. Therefore, the Writ Petition is disposed of, directing the Respondents to review the impugned suspension order dated 5 21.07.2025 issued by the Respondent No.3 in terms of paragraph No.5 of the above G.O. within a period of four (04) 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. ___________________ NYAPATHY VIJAY, J Date: 24.12.2025 chs 6 HON’BLE SRI JUSTICE NYAPATHY VIJAY 165 W.P.No.35907 of 2025 Date: 24.12.2025 CHS