IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY WRIT PETITION NO: 3473 OF 202fi \<n. & % ..'AK- SATTI Between: M. Bala Murali, S/o. M. Narayana, Aged Treasury Officer, Thamballapalle, (U/s) C.T.M.Road Annamayya District. about 43 years, Occ; Sub R/o. 4-63-A, Devatha Nagar, Madanapalle Mandal, Kondamarripalli Panchayath ...PETITIONER AND rep. its Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Amaravati District. 2. The Director,The Treasuries and Accounts Department Mangalagiri, Guntur District 3. The District Treasury Officer, The District Treasuries Office, Rayachoti, Annamayya District. 4. The District Collector, Rayachoti, Annamayya District 1. The State of Andhra Pradesh Guntur Nidhi Bhavan, and Accounts ...RESPONDENTS Petition under Article 226 of the Constitution the circumstances stated i of India praying that in in the affidavit filed therewith, the High Court be pleased to issue a writ. Order or direction may more particularly one in the nature of Writ of Mandamus declaring the action of 2nd Respondents order vide Proceedings No. FIN02-17024/6/2022-G SEC-DTA dated.20.12.2022 by placing the petitioner under suspension and continuing suspension (SER-C) Department dated. 29.02.2024 and in spite of petitioner's several personal approaches contrary to G.O.Ms. No. 22 General Administration snd rspresentations 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 contrary to the Service Rules, and consequently i; direct the Respondents to reinstate the petitioner into the service as Sub Treasury with all consequential benefits by duly Suspending the impugned proceedings vide. Procgs No.FIN02-17024/6/2022-G dated.20.12.2022. SEC-DTA \A 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 forth with reinstate the petitioner into the service as Sub Treasury by duly Suspending the impugned Procgs NO.FIN02-17024/6/2022-G SEC-DTA proceedings dated.20.12.2022 forthwith pending disposal of the above writ petition. vide. Counsel for the Petitioner: SRI MD. SALEEM Counsel for the Respondent Nos.1 to 4: GP FOR SERVICES I The Court made the following: ORDER APHC010063142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3473/2025 Between; 1.M BALA MURALI, S/0. M. NARAYANA, AGED ABOUT 43 YEARS, OCC SUB TREASURY OFFICER, THAMBALLAPALLE, (U/S) R/0. 4- 63-A, DEVATHA NAGAR, PANCHAYATH, MADANAPALLE MANDAL, ANNAMAYYA DISTRICT, ...PETITIONER C.T.M. ROAD, KONDAMARRIPALLI AND 1.THE STATE OF ANDHRA PRADESH, REP. ITS PRINCIPAL DEPARTMENT, PLANNING SECRETARY, FINANCE AND SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE TREASURIES AND ACCOUNTS NIDHI BHAVAN, MANGALAGIRI, GUNTUR 2.THE DIRECTOR, DEPARTMENT, DISTRICT 3.THE DISTRICT TREASURY OFFICER, THE DISTRICT TREASURIES AND ACCOUNTS OFFICE, RAYACHOTI, ANNAMAYYA DISTRICT. 4.THE DISTRICT COLLECTOR, RAYACHOTI, ANNAMAYYA 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 may be pleased to issue a writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of 2nd Respondents order vide Proceedings No. FIN02-17024/6/2022-G SEC-DTA dated.20.12.2022 by placing the petitioner under suspension and continuing suspension contrary to G.O.Ms.No.22 General Administration (SER-C) 2 Department dated. 29.02.2024 spite of petitioner's severai approaches and representations lilegal and arbitrary and in violation of principles of natural justice and i contravention of Article 14, 16 and 21 of the Constitution of India and contrary to the Service Rules and direct the Respondents to reinstate the Treasury with all consequential benefits proceedings dated.20.12.2022 and to personal consequently petitioner into the service as Sub by duly Suspending the impugned NO.FIN02-17024/6/2022-G vide. Procgs pass such SEC-DTA \A NO: 1 OF 9()9R in 'hat in the circumstances stated n the affidavit filed in support of the petition, the High Court may be pleLed he^ s“ Ifsib' service as Sub Treasury by duly Suspending the impugned dated 2n 12 onoof .k No FIN02-17024/6/2022-GSEC-DTA pass such "hp"® and Counsel for the Petitioner: 1.MD SALEEM Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: into proceedings vide. to ::ORDER:: Heard Sri MD Saleem, learned learned Assistant Government respondents 1 to 4. counsel for the petitioner and Sri S.Raj Pleader for Services-I u, appearing for 2. The petitioner. Sub Treasury Officer, Thamballapalle, placed under suspension, filed the above writ petition, in not reviewing the suspension i terms of G.O.Ms.No.22 General Administration 29.02.2024 (Ex.P5), as illegal and arbitrary. in (Ser.C) Department, dated 3. The petitioner NO.EIN02-17024/6/2022-G SEC-DTA the suspension was placed under suspension vide Proceedings dated 20.10.2022 (Ex.P1). Thereafter, was not reviewed in terms of G.C.Ms.No.86, General Tv 3 dated 08.03.1994 and in terms of dated Administration (Ser.C) Department, General Administration (Ser.C) Department, made several representations, the latest respondent to review the NO.F1N02-17024/6/2022-G SEC-DTA, dated of G.O.Ms.No.22 General Administration (Ser.C) G.O.Ms.No.526, 19.08.2008. The petitioner representation being dated 29.05.2024, to the 2 suspension vide Proceedings 20.10.2022 (Ex.P1) in terms Department, dated 29.02.2024 (Ex.P5). However, the respondents have not r nd reviewed the suspension order. Consideration. Government issued G.O.Ms.No.86, General Administration (Ser.C) of Government 4. Department, dated 08.03.1994 to review the suspension six months. The outer limit of suspension of an employees at the end of every employee is two years, General Administration certain guidelines regarding keeping . Thereafter, the Government issued G.O.Ms.No.526, (Ser.C) Department, dated 19.08.2008 and issued employee under suspension and an reviewing the order of suspension The Government issued G.O.Ms.No.22 Generai Administration (Ser.C) Department, dated 29.02.2024 (Ex.P5) considering the G.O.Ms.No.86 General Administration (Ser.C) Department, 08.03.1994 and G.O.Ms.No.526, General Administration (Ser.C) .08.2008 and G.O.Rt.No.2285, General Administration dated Department, dated 19 (Ser.C) Department, dated 18.05.2012. General Administration (Ser.C) Department, dated Para-5 of G.O.Ms.No.22 29.02.2024 (Ex.P5) relevant is extracted hereunder; of the matter, after reviewing the said G.Os., of the Competent Authority and in ‘After careful examination duly obtaining the advice modification of the orders issued in the G.Os. 1®‘ and 4‘^ 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 G.O.Ms.No.86, suspension of the Government servant fixed in G.A.(Ser.C) Dept., dt.8.3.1994 read with G.O.Ms.No.526, G.A.(Ser.c) 4 Dept., dt.19.08.2008 and G.O.Rt.No.2285, Dt.18.05.2012 for reinstatement of the G.A.(Ser.C) Dept., Government servant under suspension, subject to all other conditions stipulated therein direct to review the order of and also suspension against a Government servant at the end of every four (4) in G.O.ms.No.86, G.A.(Ser.C) both in ACB and Departmental Inquiries months instead of six (6) months fixed Dept, dt.8.3.1994.” 5. In the case at hand, there is no dispute that the petitioner was placed SEC-DTA, respondent submitted by a review of under suspension by proceedings dated 20.10.2022 (Ex.P1). The instructions NO.FIN02-1 7024/6/2022-G of the 2 nd the learned Assistant Government Pleader do not indicate suspension in terms of G.O.Ms.No.526, Department, dated 19.08.2008 General Administration (Ser.C) and G.O.Ms.No.22 General Administration 29.02.2024 (Ex.P5). Even, after (Ser.C) Department, dated a lapse of two years petitioner suspension is continued. 6. Given the facts and circumstances of the disposed of at the admission either side, directing the 2 case, the Writ Petition is nd stage, with the consent of learned counsel on respondent to review the suspension of the 22 General Administration (Ser.C) and pass appropriate orders petitioner, strictly in terms of G.O.Ms.No. Department, dated 29.02.2024 (Ex.PZ) three (03) weeks. No order within as to costs. Miscellaneous petitions pending, if any. shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR i //TRUE COPY// SE OFFICER To, 1. The Principal Secretary, Finance Andhra Pradesh, Secretariat, 2. The Director, The Treasuries Mangalagiri, Guntur District officr R™' Office, Rayachoti, Annamayya District 4. The District Coilector, Rayachoti, Ahhamayya District 5. One CC to Sri Md. Saleem, 6. TwoCCstoGPforServices-l, 7. Three CD Copies. and Planning Department, State Velagapudi, Amaravati, Guntur District, and Accounts Department, Nidhi of Bhavan, Advocate [OPUC] High Court of Andhra Pradesh. [OUT] ssb ... HIGH COURT DATED:24/02/2025 ORDER ^ ANO^ <^9 WP.No.3473 of 2025 X 13 m 2C25 Current Section DISPOSING OF THE W.P. WITHOUT COSTS