APHC010092482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5162/2025 Between: Panthagani Nageswara Rao ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. JADA SRAVAN KUMAR Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: ORDER: The present writ petition is filed questioning the action of the respondent authorities in continuing the petitioner under suspension vide proceedings dated 21.08.2024 without there being any further review of initial suspension, despite lapse of six months as contemplated in G.O.Ms.No.22 dated 29.02.2024 is illegal, arbitrary and in violation of Articles 14, 16, 19 and 21 of Constitution of India 2 and consequently to set aside the suspension order and to direct the respondents to reinstate the petitioner into the services. 2. The matter is listed for admission, but at the instance on either side, it is being heard for final disposal. 3. Heard Sri.A.Tarun Kumar, learned counsel, representing Sri.Jada Sravan Kumar, learned counsel for the petitioner, learned Government Pleader for Services-II appearing for respondent Nos.1 to 4 and Sri.P.Hema Chandra, learned Government Pleader for respondent No.5. 4. The petitioner working as Hostel Welfare Officer under Social Welfare Department, Krishna District, Machilipatnam, has been placed under suspension vide proceedings dated 21.08.2024, on the allegations that in the discharge of his duties, he has failed in maintaining stocks of essential commodities and diverted huge quantities of rice and other commodities worth of Rs.1,51,29,882/- for illegal gains therefore he was being recommended for disciplinary action. By G.O.Ms.No.22 dated 22.09.2024, Government has issued order whereby the outer limit of suspension of Government servant has been reduced from 2 years to 1 year from the date of suspension as fixed under G.O.Ms No.86 dated 08.03.1994 and followed by G.O.Rt No.2285 dated 18.05.2012, for reinstatement of the Government servant under suspension and further it also directed to review the order of suspension both in respect of ACB and 3 Departmental enquiries at the end of every four months instead of six months. The petitioner contends that in the present case, initially, suspension order passed on 21.08.2024 and in view of G.O.Ms.No.22 referred above, the outer limit of suspension can be only 1 year and further that review should take place every four months from the date of initial suspension, which was not done. 5. The learned Government Pleader appearing for the respondents states that in-terms of the aforesaid G.Os, the case of the petitioner requires to be reviewed in accordance with law. 6. Perused the record. 7. Having regard to the orders issued by the Government in G.O.Ms.No.22 dated 22.09.2024, which require review of period of suspension within four months, and as in the present case the said period of four months is lapsed, way back on 21.12.2024, the petitioner’s case requires to be considered in the perspective of aforesaid G.Os. 8. Accordingly, the present writ petition is disposed of with a direction to the respondents to review initial period of suspension as done by proceedings dated 21.08.2024, strictly in accordance with law, by following the direction issued in G.O.Ms.No.22 dated 29.02.025. 9. With the above observations, the writ petition is disposed of. No costs. 4 As a sequel, miscellaneous petitions, if any, pending shall stand closed. _______________________ CHALLA GUNARANJAN, J Date: 03.03.2025 RSD 5 HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5162/2025 Date:03.03.2025 RSD