IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4403 OF 2025 Between: Boora Hari Siva Prasad, S/o. Eswara Rao, R/o 4-58-70, S.K.H.Santhapeta, Chittivalasa, Bheemunipatnam, Visakhapatnam, Andhra Pradesh. ...PETITIONER AND 1. The Commissioner of Police and Additional District Magistrate, Visakhapatnam City, Visakhapatnam District 2. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. ...RESPONDENTS 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 to declare the action of the respondent no.lin issuing the impugned suspension order in D.O.No.956/2024, C.No. 38/PR/2024 dated 21-10-2024 suspending the petitioner from the ground that the petitioner is involved in Cr.no.213/2024 relating to matrimonial disputes even inspite of the matrimonial disputes are not connected with discharge of official duties as arbitrary and illegal and violation of Article 14 and 21 of the Constitution of India and consequently set aside the impugned proceedings in D.O.No.956/2024, C.No. 38/PR/2024 dated 21-10-2024 issued by the 1®' respondent in the interests of justice. service on w < lA 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 reinstate the petitioner into service by suspending the impugned proceedings in D.O.No.956/2024, 38/PR/2024 dated 21-10-2024 issued by the 1 disposal of the writ petition in the interest of justice. Counsel for the Petitioner: Ms. Y. BHANUSRI AKHILA representing SRI VIVEKANANDA MAMIDIBATTULA Counsel for the Respondent Nos.1 & 2: SRI S. RAJU, AGP FOR SERVICES-I C.No. respondent pending St The Court made the following: ORDER w APHC010076062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4403/2025 Between: 1.BOORA HARI SIVA PRASAD, S/0. ESWARA RAO, R/0 4-58- CHITTIVALASA, BHEEMUNIPATNAM, 70,S.K.H.SANTHAPETA, VISAKHAPATNAM, ANDHRA PRADESH. ...PETITIONER AND 1.THE COMMISSIONER OF POLICE AND ADDITIONAL DISTRICT MAGISTRATE, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT 2.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR 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 pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondent no.lin issuing the impugned suspension order in D.O. 38/PR/2024 dated 21-10-2024 suspending the petitioner from service on the ground that the petitioner is involved in Cr.no.213/2024 relating to matrimonial disputes even inspite of the matrimonial disputes are not connected with discharge of official duties as arbitrary and illegal and violation of Article 14 and 21 of the Constitution of India and consequently set aside the impugned No.956/2024,C.No. 2 proceedings in D.O. No.956/2024, C.NO.38/PR/2024 dated 21-10-2024 issued by the 1st respondent in the interests of justice. lA NO: 1 OF 2Q2S Petition under Section 151 CPC in tho off-w -f f. ^ • Playing 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 reinstate the petitioner into service by suspending the impugned proceedings in D.O.No.956/2024. C.No.38/PR/2024 dated 21- 10-2024 issued by the 1st respondent pending disposal the interest of justice pending disposal of the justice. of the writ petition in writ petition in the interest of Counsel for the Petitioner: 1.VIVEKANANDA MAMIDIBATTULA Counsel for the Respondent(S): 1.GP FOR SERVICES I 2. The Court made the following: "ORDER:: Heard Ms Y.Bhanusri Akhila, Vivekananda Mamidibattula, learned learned Assistant Government respondents 1 and 2. learned counsel representing Sri counsel for the petitioner and Sri S.Raju, Pleader for Services-I appearing for 2. Petitioner. Police Constable, placed under writ petition impugning the proceedings issued by the 1"‘ respondent vide D.O.No.956/2024, C.No.38/PR/2024, dated 21.10.2024 (Ex.P1). suspension filed the above 3. Learned counsel for the petitioner would submit that the petitioner’s marriage was performed with Bora Priyanka on 29.07.2020. Thereafter, disputes arose between the wife and husband, complaint at Disha Police Station Smt. Bora Priyanka filed a on 01.08.2024. The police registered the under Section 85 BNS and Act. Since a crime was registered in Crime No.213 of 2024 for the offence 'N case Sections 3 and 4 of the Dowry Prohibition 3 % against the petitioner, the 1"‘ respondent exercising power under Rule 8(1) of Andhra Pradesh Civil Services (CC&A) Rules, 1991, placed the petitioner D.O.No.956/2024, C.No.38/PR/2024, dated under suspension vide 21.10.2024 (Ex.P1). Learned Assistant Government Pleader, on instructions, would submit that since a crime was registered against the petitioner, the petitioner was placed under suspension and no interference is required by this Court. 5. As seen from D.O.No.956/2024, C.No.38/PR/2024, dated 21.10.2024 (Ex.PI), suspension proceedings, the petitioner was placed under suspension since a case in Cr.No.213 of 2024 under Sections 85 BNS and 3 and 4 of Dowry Prohibition Act was registered on 01.08.2024. It is undisputed that the petitioner has been working as a Police Constable. 4. Suspension pending investigation, inquiry, or trial, is indeed not a punishment. However, the application of mind on the part of the competent authority is sine-qua-non before passing such an order of suspension. Before passing an order of suspension, the appropriate authority shall not only take into consideration the public interest but also the relevant facts and to how far and to what extent, the public interest may suffer 6. circumstances, as if the delinquent officer is not placed under suspension. Therefore, the authority empowered to place an employee under suspension should carefully should be evident from the material pose a correct question and the answers available on record. In P.Rajendar vs. Union of India', the Division Bench of Composite High Court set aside the order of suspension registered against a public servant. The suspension in that case was made because of the registration of a crime under Section 498-A of the IRC. The ratio laid down in the above judgment squarely apply to the facts of this case. 7. 2001 (5) ALD 290 4 8. The case at hand, in the opinion of this Court, the 1®* respondent failed to exercise the jurisdiction properly while issuing the suspension orders. Given the facts and circumstances of the case, the writ petition is allowed and the order of C.NO.38/PR/2024, dated 21.10.2024 (Ex.P1) is hereby set aside. 9. suspension vide D.O.No.956/2024, However, this order will not preclude the respondent authorities from proceeding against the petitioner departmentally, in accordance with, the Rules. No costs. 10. Miscellaneous petitions pending, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// To, 1. The Commissioner of Police and Additional District Magistrate, Visakhapatnam City, Visakhapatnam District 2. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. One CC to Sri Vivekananda Mamidibattula, Advocate [OPUC] 4. Two CC’s to GP for Service-I, High Court of A.P. at Amaravati[OUT] 5. Three CD Copies. ssb T ' HIGH COURT DATED:20/02/2025 SfANDjj^ r. ORDER 10 MAR 2025 ^ . Current Section ggSPATC^^ WP.No.4403 of 2025 ALLOWING THE W.P. WITHOUT COSTS