APHC010369872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19018/2025 Between: 1. VISWANATHAM RAJESH, S/O. VISWANATHAM MALLESWARA RAO AGED ABOUT 35 YEARS, OCC VILLAGE SURVEYOR, R/O. D.NO.6/2-5-6, KOTHAPETA, NTR COLONY. GUDIVADA, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT SURVEY AND LAND RECORDS OFFICER, KRISHNA DISTRICT AT MACHILIPATNAM. 3. THE ASSISTANT DIRECTOR, SURVEY AND LAND RECORDS DEPARTMENT, MACHILIPATNAM. 4. THE TAHSILDAR, GUDIVADA MANDAL, KRISHNA DISTRICT. ...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 Mandamus, declaring the action of the Respondents in not taking any action on the representations of the 2 Petitioner dated 24/03/2025 and 15/05/2025 and not revoking the suspension orders vide Proceedings No.A4/200/2024, dated 28/12/2024 issued by the Respondent No.2, as illegal, arbitrary, violation of Principles of Natural Justice, violation of Articles 14, 19(1)(g), and 21 of the Constitution of India and, and consequently direct the Respondents to revoke the suspension orders vide Proceedings No.A4/200/2024, dated 28/12/2024 and reinstate the Petitioner into service forthwith, and pass such other order. 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 direct the Respondents to reinstate the Petitioner into service by suspending the operation of the Proceedings No. A4/200/2024, dated 28/12/2024, issued by the 2nd Respondent, and pass such other order. Counsel for the Petitioner: 1. P S P SURESH KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.19018 of 2025 ORDER: 1. The present Writ Petition is filed to declare the action of Respondents in not taking any action on the representations of the Petitioner dated 24.03.2025 and 15.05.2025 and not revoking the suspension orders vide Proceedings No.A4/200/2024, dated 28.12.2024 issued by Respondent No.4, as illegal and arbitrary. 2. The Petitioner was appointed as Village Surveyor in the month of October, 2019 in the Survey & Land Records Department, posted at Moturu Village Secretariat, Gudivada Mandal and working there for the past 6 years. Since the date of appointment, the Petitioner was discharging his duties to the satisfaction of the authorities concerned. While so, the Petitioner was suspended from service vide Proceedings No.A4/200/2024, dated 28.12.2024 issued by Respondent No.2 under sub-rule (1) of Rule 8 of Andhra Pradesh Civil Services (CCA) Rules, 1991 on the ground of involvement in a criminal case vide F.I.R.No.221/2024 on the file of Gudivada Rural Police Station, Krishna District for the offence punishable under Section 74, 81 R/w Section 3(5) of B.N.S and Section 3(1)(r)(s) of SCs & STs (PoA) Act. The Petitioner submitted representations dated 24.03.2025 and 15.05.2025 for review and revocation of suspension proceedings. 4 As no action is being taken by the Respondent-authorities, the present Writ Petition is filed. 3. Sri P.S.P. Suresh Kumar, learned counsel for the Petitioner would submit that 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. Learned Assistant Government Pleader appearing for the Respondents 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 counsels. 6. In G.O.Ms.No.22, General Administration (Ser-C) Department, dated 29.02.2024, the Government after taking into consideration earlier G.Os, directed that orders of suspension should be reviewed every four (04) months and the outer limit of suspension was reduced to one (1) 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 5 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 with the following directions; (i) The Respondents to review the impugned suspension Proceedings No.A4/200/2024, dated 28.12.2024 issued by Respondent No.2 in terms of Paragraph No.5 of the above G.O., within a period of four (4) weeks from the date of receipt of a copy of this order; (ii) No order as to costs. 8. As a sequel, miscellaneous applications pending, if any, shall stand closed. _______________________ JUSTICE NYAPATHY VIJAY Date: 19.11.2025 IS 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.19018 of 2025 Date: 19.11.2025 IS