APHC010062552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3376/2025 Between: 1. D. RAJASEKHAR,, S/O VENKATA SUBBA RAO OCCUPATION HEAD WARDER, CENTRAL PRISON, RAJAMAHENDRAVARAM, EAST GODAVATI DISTRICT EMPLOYEE ID - 0340446 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2. THE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES, ANDHRA PRADESH, MANGALAGIRI. 3. THE DEPUTY INSPECTOR GENERAL OF PRISONS, COASTAL ANDHRA RANGE, RAJAMAHENDRAVARAM. 4. THE SUPERINTENDENT OF JAILS, CENTRAL PRISON, RAJAMAHENDRAVARAM. ...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 of mandamus or any other appropriate writ, order, or direction, declaring the action of the respondent no.4 in issuing the Suspension Order bearing No. CPR/BALE)/768/2025, dated 27-01-2025, issued by the Superintendent of Jails, Central Prison, Rajamahendravaram as official bias, illegal, arbitrary, against the principles of natural justice and SRS,J W.P.No.3376 of 2025 against the provisions of the constitution of India and existing service law and its rules, consequently direct the respondents to reinstate the Petitioner in service to his previous possession with ail consequential 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 this Hon'ble Court may be pleased to suspend the Suspension Order bearing No. CPR/BALE)/768/2025, dated 27- 01-2025, issued by the Superintendent of Jails, Central Prison, Rajamahendravaram, by reinitiating the petitioner into the service to his previous possession, pending disposal of the above writ petition Counsel for the Petitioner: 1. HARI BABU MAGULURI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: :: ORDER :: Heard Sri M. Hari Babu, learned counsel for the petitioner and Sri S. Raju, learned Assistant Government Pleader for Services appeared for the respondents. 2. The petitioner, Head Warder, Central Prison, Rajamahendravaram, was suspended, pending inquiry, by the proceedings vide No.CPR/SA(E)/768/2025, dated 27.01.2025 (Ex.P1), issued by respondent No.4. 3. Learned counsel for the petitioner would submit that the suspension of the petitioner is vitiated and the respondent authorities failed to follow the Principles of Natural Justice. Page 3 of 5 SRS,J W.P.No.3376 of 2025 4. Learned Assistant Government Pleader, on the other hand, would submit that the reasons were assigned in the suspension proceedings. He would also submit that an appeal would lie against the order of suspension under Rule 33 of Andhra Pradesh Civil Services (CC&A) Rules, 1991 (hereinafter referred to as „the Rules‟). 5. The point for consideration is: “Whether the proceedings impugned are legally sustainable?” 6. Though, Article 226 of the Constitution of India, conferred no limited powers, such discretionary power must be exercised within the self-imposed limitations by the Courts. If the proceedings impugned suffer from malafides or in violation of Principles of Natural Justice, normally this Court will interfere while exercising jurisdiction under Article 226 of the Constitution of India. 7. In Union of India v. Ashok Kumar Aggarwal1, the Apex Court held that the power of suspension should not be exercised in an arbitrary manner and without any reasonable ground or as vindictive misuse of power. Suspension should be made only in a case where there is a strong prima facie case against the delinquent employee and the allegations involving moral turpitude, grave misconduct or indiscipline or refusal to carry out the orders of superior authority are there, or there is a strong prima facie case against him, if proved, would ordinarily result in reduction in rank, removal or dismissal from service. 8. A perusal of Ex.P1 proceedings would indicate that the petitioner shot the video using his mobile phone while sitting in the chair designated for the Gate Head Warder in the Main Gate Area. The said video was telecast on Mahaa News channel. In fact, a preliminary inquiry was conducted before placing the petitioner under suspension. 1 (2013)16 SCC 147 SRS,J W.P.No.3376 of 2025 9. A suspension order can be passed by the competent authority considering the gravity of the alleged misconduct i.e. the serious act of omission or commission and the nature of evidence available. It cannot be actuated by mala fide, arbitrariness, or for ulterior purposes. Suspension is an interim measure in aid of disciplinary proceedings so that the delinquent may not gain custody or control of papers or take any advantage of his position. The court cannot act as if it is an appellate forum that dehors the powers of judicial review. 10. Rule (8) (1) (a) of the Rules prescribes that a member of a service may be placed under suspension from service, where disciplinary proceeding against him is contemplated or pending. 11. In the case at hand, as narrated supra, a preliminary inquiry was conducted and thereafter, the petitioner was placed under suspension, pending inquiry. This Court doesn‟t find any illegality or malafide in the proceedings impugned. Apart from that, against the order of suspension, an appeal would lie under Rule 33 of the Rules. Without availing of the alternative remedy, the petitioner filed the present writ petition. Hence, this Court does not find any merit in the writ petition and is liable to be dismissed. 12 Given the facts and circumstances of the case, the Writ Petition is dismissed. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 11.02.2025 TVN SRS,J W.P.No.3376 of 2025 456 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.3376 OF 2025 Date : 11.02.2025 TVN