H IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14102 OF 2021 Between: Palagiri Samiullah, S/ o. Abdul Rahiman, Aged 45 years, Secondary Grade Teacher (Urdu) (Terminated) MPUP School, Vangimalla Village, Veeraballi Mandal, YSR District Now residing at D No. 6/139, Masapeta Bazar, Rayachoty Mandal-516 270 YSR District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District 2. The Regional Joint Director, School Education, Kadapa, YSR District 3. The District Educational Officer, Kadapa, YSR District. ...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 in the nature of Writ of Mandamus, declaring the action of the respondents 2 and 3 in not reinstating the petitioner into service as Second Grade Teacher (Urdu) with all consequential benefits as illegal, arbitrary and against the principles of natural justice. lA NO: 1 OF 2021 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 respondents 2 and 3 to reinstate the petitioner into service as Second Grade Teacher (Urdu) forthwith by considering the representation dated 12.05.2021 of the petitioner, pending disposal of main writ petition. Counsel for the Petitioner(s): SRI. GUTTAPALEM VIJAYA KUMAR Counsel for the Respondent Nos.1 to 3: GP FOR SERVICES II The Court made the following: ORDER APHC010243912021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY .THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14102/2021 Between: ...PETITIONER Palagiri Samiullah AND ...RESPONDENT(S) The Stateof Andhra Pradesh and Others Counsel for the Petitioner: 1 .GUTTAPALEM VIJAYA KUMAR Counsel for the Respondent(S): 1.GP FOR SERVICES II The Court made the following: ORDER:- Heard Sri G.Vijay Kumar, learned counsel for the petitioner and learned Government Pleader for Services II. It is stated that the Additional Judicial Magistrate of First Class, 2. Rayachoty, convicted and sentenced the petitioner for offences under Sec. 498A IPO r/w Sec.3 and 4 of Dowry Prohibition Act, in C.C.No.502 of 2008 dated 30.10.2017. 3. The third respondent, pursuant to the criminal cases filed by the petitioner’s wife against the petitioner, placed the petitioner under suspension 2 vide a Memo dated 5-10-2017. After filing the above complaint, the petitioner’s wife also filed another case against him for the offence of bigamy. It is contended that though the petitioner was convicted, he sought for suspension of the sentence. The sentence was suspended on the same day, i.e.,30-10-2007, and was released on bail. Thus, the petitioner contends that the petitioner was never behind bars. However, the 3rd respondent has issued proceedings dated 05.05.2019 dismissing the petitioner from service with effect from 30.10.2017. It is stated that as against the order in C.C.No.502 of 2008 dated 30.10.2017 the petitioner filed appeal the file of the V Additional Sessions Judge, Rayachoty in CrI. A No.207 of 2017. The learned judge allowed the appeal setting aside the judgment of 4. on conviction. It is further contended that against the order of termination, the petitioner has filed an appeal before the 2nd respondent, which is pending. It argued by the learned counsel for the petitioner that pursuant to the order of conviction the petitioner was dismissed from service, since the judgement of conviction has been set aside by the appellate Court, the respondents should have in all fairness reinstated the petitioner into service since as of date no sentence is pending against the petitioner. Having regard to the contentions advanced, since the appeal filed by the petitioner, against the order of dismissal from service, is stated to be pending before the 2nd respondent, this Court deems it appropriate to direct the 2nd respondent to dispose of the appeal within three (3) months from the 5. IS 6. 3 date of the receipt of the order. The petitioner is at liberty to place all the orders passed in C.C.No.502 of 2008, and Crl.A.No.207 of 2017 and such other material, if any, in support of his contentions. 7. With the above observations, the writ petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. //TRUE COPY// AS 1 officer section To, 1. The Principal Secretary, School Education Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District 2. The Regional Joint Director, School Education, Kadapa, YSR District 3. The District Educational Officer, Kadapa, YSR District. 4. One CC to Sri. Guttapalem Vijaya Kumar, Advocate [OPUC] 5. Two CCs to GP For Services II ,High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies AL f HIGH COURT DATED:29/04/2025 ORDER WP.No.14102 of 2021 X 2 3 MAY 2025 H O,^ . Current section w DISPOSING OF THE W.P. WITHOUT COSTS