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2025 DAILYLAW 8182 (AP)

N HARITHA v. THE STATE OF AP

WP/4644/2025 · 2025-02-24

Subba Reddy Satti

body2025

Judgment text

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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 SATTI WRIT PETITION NO: 4644 OF 2025 Between: N. Haritha, D/o N. Mohan Rao, aged 27 years, Occ; Village Agriculture Assistant (Gr-ll), Madaka Rythu Seva Kendram (RSK) of Pedana Mandal, Krishna District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Agriculture Department, Secretariat, Velagapudi, Guntur District. 2. The Director of Agriculture of A.P., Mangalagiri, Guntur District. 3. The Joint Director of Agriculture, O/o. District Agriculture Officer,Krishna District, at Machilipatnam. ...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 declaring the action of the respondents herein, more particularly the 3'"'^ respondent in continuing the petitioner under suspension, following the suspension order issued vide Rc.No.A2/41/2024, review of the suspension orders dated 7-6- nd dated 7-6- 2024, without 2 2024, even after completion of 8 months under suspension, as per the guidelines issued under G.O.Ms.No.22, GAD Dept, dated 29-2-2024 or without revoking the suspension orders dated 7-6-2024, as charge Memo was issued and Inquiry officer also concluded the enquiry and submitted his report, but still keeping the petitioner under suspension as illegal. 0 arbitrary and not warranted and consequentially the Hon’ble Court may ‘Pleased to declare that the petitioner is entitled for reinstatement into ^service by revoking the suspension order dated 7-6-2024. •f' 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 herein to review the suspension order issued vide Rc.No.A2/41/2024, dated 7-6-2024, as per the guidelines issued under G.O.Ms.No.22, GAD Dept, dated 29-2-2024 and reinstate the petitioner into service as Village Agriculture Assistant (Gr-ll). Counsel for the Petitioner; SRI M. R. TAGORE Counsel for the Respondent Nos.1 to 3: GP FOR SERVICES I The Court made the following: ORDER APHC010087102025 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: 4644/2025 Between: 1.N HARITHA, D/0 N MOHAN RAO, AGED 27 YEARS, OCC. VILLAGE MADAKA RYTHU SEVA AGRICULTURE ASSISTANT (GR-LL), KENDRAM (RSK) OF PEDANA MANDAL KRISHNA DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, AGRICULTURE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DIRECTOR OF AGRICULTURE, OF A.P., MANGALAGIRI, GUNTUR DISTRICT. 3.THE JOINT DIRECTOR OF AGRICULTURE, , 0/0. DISTRICT AGRICULTURE OFFICER,KRISHNA DISTRICT, MACHILIPATNAM. AT ...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 declaring the action of the respondents herein, more particularly the 3rd respondent in continuing the petitioner under suspension, following the suspension order issued vide Rc.No.A2/41/2024, dated 7-6- 2024, without 2nd review of the suspension orders dated 7-6- 2024, even after completion of 8 months under suspension, as per the 2 guidelines issued under G.O.Ms.No.22, GAD Dept, dated 29-2-2024 or without revoking the suspension orders dated 7-6-2024, as charge Memo was issued and Inquiry officer also concluded the enquiry and submitted his report, but till keeping the petitioner under suspension as illegal, arbitrary and not warranted and consequentially the Honble Court may pleased to declare that the petitioner is entitled for reinstatement into service by revoking the suspension order dated 7-6-2024 and pass 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 herein to review the suspension order issued vide Rc.No.A2/41/2024, dated 7-6-2024, as per the guidelines issued under G.O.Ms.No.22, GAD Dept, dated 29-2-2024 and reinstate the petitioner into service as Village Agriculture Assistant (Gr-ll) and pass Counsel for the Petitioner: 1. MR TAGORE Counsel for the Respondent{S): 1.GP FOR SERVICES I The Court made the following: ::ORDER:: Heard Sri M.R.Tagore, learned counsel for the petitioner and Sri Sarath, learned Assistant Government Pleader appearing for respondents 1 to 3. 2. The petitioner. Village Agriculture Assistant (Grade-ll), placed under suspension, filed the above writ petition in not reviewing the suspension in terms of G.O.Ms.No.22 General Administration (Ser.C) Department, dated 29.02.2024 (Ex.P7), as illegal and arbitrary. 3. The petitioner was appointed as Village Agriculture Assistant (Grade-ll) by the proceedings No.A2/1330/DSC-2019, dated 06.10.2019 (Ex.P1). Thereafter, by the proceedings vide Rc.A2/41/2024, dated 07.06.2024 respondent placed the petitioner under suspension. Pending 3 inquiry, a charge memo vide Roc.No.A2/41/2024, dated 27.07.2024 (Ex.P4) was issued to the petitioner. Learned counsel for the petitioner would submit that the inquiry was concluded and the authority submitted a report to the disciplinary authority on 30.01.2025. 4. rd The period of suspension of the petitioner was extended by the 3 respondent with effect from 07.10.2024. However, despite the lapse of four months, the respondent has not reviewed the suspension as required by G.O.Ms.No.22 General Administration (Ser.C) Department, dated 29.02.2024 (EX.P7). 5. Learned Assistant Government Pleader for Service, on instructions, would submit that the 3'^'^ respondent will review the suspension in terms of G.O.Ms.No.22 General Administration (Ser.C) Department, dated 29.02.2024 (Ex.P7) and pass appropriate orders. 6. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage, with the consent of learned counsel on either side directing the learned 3'"'^ respondent to review the suspension of the petitioner, strictly in terms of G.O.Ms.No.22 General Administration (Ser.C) Department, dated 29.02.2024 (Ex.P7) and pass appropriate orders within three (03) weeks. No order as to costs. 7. Miscellaneous petitions pending, if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// S N OFFICER 1. The Principal Secretary, State of Andhra Pradesh, Agriculture Department, Secretariat, Velagapudi, Guntur District. 2. The Director of Agriculture of A.P., Mangalagiri, Guntur District. 3. The Joint Director of Agriculture, O/o. District Agriculture Officer,Krishna District, at Machilipatnam. 4. One CC to Sri M. R. Tagore, Advocate [OPUC] 5. Two CCs to GP for Services-1, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. To, / ssb HIGH COURT DATED:24/02/2025 ORDER WP.No.4644 of 2025 10 MAR 2025 eoj ^ Current aecuon ^ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS