IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5567 OF 2025 Between: Utia Shiva Kumar, S/o Somaraju, Aged about 39 yrs, Occ: Asst. Linemen R/o Buddalapalem, Machilipatnam, Krishna District ...PETITIONER AND 1. The Andhra Pradesh Central Power Distribution Corporation Limited, Vijayawada, NTR District Rept. By its Chief General Manager 2. The Superintending Engineer/Operation Andhra Pradesh Central Power Distribution Corporation Limited, Vijayawada, NTR District 3. The Executive Engineer, Operations Andhra Pradesh Central Power Distribution Corporation Limited, Machilipatnam, Krishna 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 Nos.2 and 3 in not considering the judgment in S.C.No.50/2020, dt.04-03-2024 on the file of I Additional Sessions Judge, Krishna at Machilipatnam in recalling Impugned No.EE/0/MTM/JAO/ADM/U2/D.No.526/22, dt.31-03-2022 issued by the respondent No.3 even inspite of the petitioner is acquitted in the criminal case as arbitrary, illegal and violation of Articles 14, AND 21 of the Constitution of India and consequently set aside the Impugned Punishment Order vide Memo No. EE/0/MTM/JAO/ADM/U2/D.No.526/22, dt.31-03-2022 the Punishment Order vide Memo issued by the 3'" respondent and further direct the respondent No.3 to continue the petitioner as Asst. Linemen with all consequential benefits in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstanced stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Impugned Punishment Order vide No.EE/0/MTM/JAO/ADM/U2/D.No.526/22, dt.31-03-2022 issued by the 3^^ respondent with a direction to continue the petitioner as Asst. Linemen with all consequential benefits pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: SRI P. NAGENDRA REDDY Counsel for the Respondent Nos.1 to 3:SRI V.V.SATISH, SC FOR APCPDCL Memo The Court made the following: ORDER APHC010108992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5567/2025 Between; ...PETITIONER Utia Shiva Kumar AND ...RESPONDENT(S) 1. The Andhra Pradesh Central Power Distribution Corporation Limited, Vijayawada & Ors. Counsel for the Petitioner: 1.P NAGENDRA REDDY Counsel for the Respondent(S): 1. VVSatish, Standing Counsel for AP CPDCL The Court made the following: ORDER: The present writ petition is filed seeking the following prayer: “....to issue a writ, order or direction, more particularly, the nature of writ of Mandamus to declare the action of the respondent Nos.2 and 3 in not considering the judgment, dated 04.03.2024, in S. C. No.50/2020 on the file of I Additional Sessions Judge, Krishna at Machilipatnam; in recalling the Impugned Punishment Order vide Memo No.EE/0/MTM/JAO/ one in 2 ADM/U2/D.N0.526/22, dated 31.03.2022, issued by the respondent No.3 even inspite of the petitioner is acquitted in the criminal case, as arbitrary, illegal and violative of Articles 14 and 21 of the Constitution of India and consequently, set aside the Impugned Punishment Order vide Memo. No. EE/O/MTM/JAO/ ADM/U2/D No 526/22, dated 31.03.2022, issued by the 3^^ respondent and further direct the respondent No.3 to continue the petitioner as Asst. Linemen with all consequential benefits in the interest of justice....” Heard Sri Veladi Sai Sri Harsha, learned counsel, representing 2. Sri P. Nagendra Reddy, learned counsel for the petitioner and Ms.K. Adarshitha, learned counsel, representing Sri V.V.Satish, learned Standing Counsel for AP CPDCL, appearing for the respondents. Petitioner while working as Assistant Lineman was placed under 3. suspension as he was involved in a criminal case in Sessions Case No.50 of 2020 on the file of the learned I Additional Sessions Judge, Krishna at Machilipatnam, for the offences punishable under Sections 302 and 201 of IPC. Simultaneously, departmental proceedings were initiated against him by issuing Articles of Charge. Upon enquiry, by proceedings, dated 31.03.2022, he was awarded punishment of reversion from the cade of Assistant Lineman to Junior Lineman besides treating the suspension period as dies non. Appeal filed against the same was also rejected by the 2^^ respondent. Now, as the trial in the \ f criminal proceedings ended in acquittal, by judgment, dated 04.03.2024, petitioner has made a representation, dated 07.11.2024 for recalling of the punishment imposed on him in view of his acquittal in the criminal proceedings, which is stated to be pending. 4. Without going into the merits of the matter, as the representation made by the petitioner is pending before the 3'^ respondent, it would direction be issued to the 3^^^^ respondent to consider petitioner’s representation within a period of six weeks and pass speaking order in accordance with law. suffice that a 5. Accordingly, the writ petition is disposed of at the admission stage. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR ^ectoTofficer //TRUE COPY// To, 1. The Chief General Manager, Andhra Pradesh Central Power Distribution Corporation Limited, Vijayawada, NTR District. 2. The Superintending Engineer, Operation Andhra Pradesh Central Power Distribution Corporation Limited, Vijayawada, NTR District 3. The Executive Engineer, Operations Andhra Pradesh Central Power Distribution Corporation Limited, Machilipatnam, Krishna District 4. One CC to Sri P. Nagendra Reddy, Advocate [OPUC] 5. One CC to Sri V.V. Satish, Advocate [OPUC] 6. Three CD Copies. f HIGH COURT DATED:06/03/2025 ORDER X 19 MAR 2025 ^ . Curreni a«cuon % WP.No.5567 of 2025 C9 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS