APHC010218142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10876/2025 Between: P Padma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. G V L MURTHY Counsel for the Respondent(S): 1. GP FOR SERVICES II 2 The Court made the following: ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “…to issue an appropriate Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents in not reinstating me in the post of District Manager, APSCSCL, Nellore and not reviewing the suspension orders in accordance with G.O.Ms.No.22 General Administration Ser.C dt 29.02.2024 is illegal improper against the principles of natural justice in violation of the Article 14 19 and 21 of the Constitution and consequently direct the 3rd Respondent to reinstate the Petitioner in the post of District Manager, APSCSCL, Nellore with all consequential benefits and pass such other order or orders.…” 2. Heard learned counsel for petitioner and learned Assistant Government Pleader for Services-II for respondents. 3. Petitioner while working as District Civil Supply Manager (DCSM) at SPSR Nellore District during the period from 07.03.2021 to 10.10.2022, based on complaint lodged by Joint Collector, on allegation of the appropriation of amount to a tune of ₹29.78 Crores, a criminal case came to be foisted against the petitioner and others for offences under Section 409 r/w 120(b). Further, an internal audit team was also appointed for conducting enquiry with respect to the payments made to APSCSE, which audit found that certain amounts were misappropriated during the financial years 2020-21, 2021-22, 2022-23. In view of subsequent investigation into the crime, the investigating agency has altered the Sections of offences as Sections 409, 413, 419, 477-A r/w 120(B) , 34 IPC and petitioner came to be arrested. The aforesaid case was 3 transferred from regular police to ACB for investigation, but later included the provisions of offences under Section 7, 13(1)(a) r/w 13(2) of Prevention of Corruption (amendment) Act, 2018. In view of the aforesaid criminal case, petitioner was placed under suspension on 10.10.2022. The said suspension is continued even till today without any further Review. So far, respondents have not issued any charge memo nor the investigation into the crime referred to above has been concluded. As the petitioner has not been reinstated into service under the guise of pendency of the ongoing investigation, petitioner has made repeated requests for reinstatement. For inordinate delay in investigating into the allegations and filing charge sheet, the petitioner cannot be made to suffer. By referring to G.O.Ms.No.86 General Administration (Services.C) Department dated 08.03.1994 and G.O.Ms.No.526 General Administration (Services.C) Department dated 19.08.2008 and G.O.Ms.No.22 General Administration (SER-C) Department dated 29.02.2024, petitioner claims suspension cannot be for indefinite period and even otherwise, the same has to be reviewed from time to time which respondents have not undertaken so far. Petitioner representations from 23.04.2023 and 26.12.2024, claiming reinstatement have not been attended to. 4. Learned Assistant Government Pleader for Services-II appearing for respondents has placed on record written instructions dated 29.04.2025, enclosing copy of proceedings issued by respondent No.2, communicating the decision of the committee on review of suspension that the case of petitioner for reinstatement has been negatived, in the meeting held on 04.03.2025. The 4 instructions further stated that as serious allegations of misappropriation of Government funds are involved, and that the ACB is still in the process of concluding investigation and submitting a final report, request of persons who have been placed under suspension have been en masse differed by extending the suspension. 5. Perused the written instructions and also the proceedings referred to. 6. No doubt in terms of G.O.Ms.No.86 dated 08.03.1994, G.O.Ms.No.526 dated 19.08.2008 & G.O.Ms.No.22 dated 29.02.2024, the respondent are bound to review the period of suspension, as suspension cannot be for indefinite period. In the present case, the petitioner has been placed under suspension on 10.10.2022 and though it is stated to be reviewed recently in the meeting held on 04.03.2025, petitioner has not been supplied with the order speaking out the reasons on which such review has been undertaken, except for producing an internal communication amongst the respondents. 7. This Court, having gone through the said communication finds that the request of petitioner who is referred in references, does not deal with the same and the committee has not objectively assessed the review of suspension keeping in view the parameters specified in G.O.Ms.No.86 dated 08.03.1994, G.O.Ms.No.526 dated 19.08.2008 & G.O.Ms.No.22 dated 29.02.2024. As the petitioner has already been in suspension for more than 2½ years, her case is required to be considered strictly keeping in view the parameters and guidelines provided under aforesaid Government Orders. 5 8. In view of the same, this Court is inclined to dispose the present writ petition by directing the respondents to undertake review of suspension of petitioner once again in terms of G.O.Ms.No.86 dated 08.03.1994, G.O.Ms.No.526 dated 19.08.2008 & G.O.Ms.No.22 dated 29.02.2024, and on objective assessment, pass appropriate speaking orders within a period of four (04) weeks from the date of receipt of a copy of this order. 9. Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. ______________________________ JUSTICE CHALLA GUNARANJAN Date: 30th April, 2025 RKS