APHC010591332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 31448/2025 Between: 1. THURLAPATI SRINIVASA NARAYANA KUMAR,, S/O VENKATA SUBBARAO, AGED ABOUT 60 YEARS, ASSISTANT ENGINEER, PIU SUB-DIVISION, ONGOLE, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, PANCHAYATI RAJ DEPARTMENT REP BY ITS PRINCIPAL SECRETARY 3. THE ENGINEER IN CHIEF, PANCHAYAT RAJ ENGINEERING DEPARTMENT, VIJAYAWADA 4. THE EXECUTIVE ENGINEER, PIU SUB-DIVISION, ONGOLE. 5. THE SUPERINTENDENTING ENGINEER, PR CIRCLE ONGOLE. 6. THE DEPUTY EXECUTIVE ENGINEER, PIU SUB-DIVISION, ONGOLE. ...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 of direction particularly one in the nature of Writ of Mandamus declare the action of the Respondents in not treating petitioners suspension period (03.08.2013 to 20.11.2015) as On duty pursuant to the acquittal from the criminal case vide, CC.No 7/2016 dated 25.10.2017 on the file of Special Judge for SPE and ACB Cases-cum-ll Additional District And Sessions Judge, NELLORE and thereby not considering the representations dated 16.03.2023 and 16.11.2017 as illegal arbitrary and violative of principles of natural justice contrary to law laid down by the catena of judgement passed by the Apex Court and also against Article 14, 16, 300(A) of Constitution of India consequently direct respondents to regularise the suspension period of the petitioner by treating the same as on duty for the purpose of all service benefits . 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 to direct the respondents to pass a reasoned order within a stipulated time on the representations made by the petitioner dated 16.03.2023 and 16.11.2017 pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: 1. YERRAMSETTY SATYA SOWMYA Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: ORDER: The present writ petition has been filed questioning the action of the respondents in not treating petitioner’s suspension period from 03.08.2013 to 20.11.2015 as on duty pursuant to the acquittal from the criminal case vide CC.No.7/2016 dated 25.10.2017 on the file of Special Judge for SPE & ACB Cases-cum-II Additional District and Sessions Judge, Nellore, as illegal, arbitrary. 2. The petitioner while working as Assistant Engineer, a criminal case was registered under the provisions of prevention of corruption act, 1988, vide CC.No.07/2016 on the file of Special Judge for SPE & ACB Cases-cum-II Additional District and Sessions Judge, Nellore. During the pendency of the enquiry, the petitioner was placed under suspension from 03.08.2013 to 20.11.2015 for a period of 840 days. The criminal case ended in acquittal vide judgment dated 25.10.2017. Though a criminal appeal vide Crl.A.No.904 of 2019 is filed before this Court, in the present case, in the light of the acquittal of the criminal case in terms of 54(b) of the Andhra Pradesh Fundamental Rules & Subsidary Rules, the petitioner is seeking consideration of suspension period as on duty. The petitioner made a representation dated 16.03.2023 and as the respondents are not considering the same, the present writ petition is filed. 3. Sri Raju, learned Assistant Government Pleader for Services-I submit that the representation of the petitioner would be considered and appropriate orders would be passed. 4. Considering the submissions, the respondents are directed to consider the representation of the petitioner dated 16.03.2023 made for considering the period of suspension from 03.08.2013 to 20.11.2015 as on duty in terms of Rule 54(b) of the Andhra Pradesh Fundamental Rules & Subsidary Rules without reference to the Criminal Appeal No.904/2019 and pass appropriate orders thereof within a period of eight (08) weeks from the date of receipt of a copy of this order. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous applications, pending if any shall stand closed. ___________________ NYAPATHY VIJAY, J Date: 13th November, 2025 RKS