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2026 DAILYLAW 12563 (AP)

Harijana Adaiah v. The State of Andhra Pradesh

WP/29090/2026 · 2026-10-07

Nyapathy Vijay

body2026

Judgment text

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Date of reserved for orders : -- Date of pronouncement : 08.10.2026 Date of uploading : 08.10.2026 APHC010531642026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE 8th DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 29090/2026 Between: 1. HARIJANA ADAIAH, S/O KARRENNA, AGE 63 YEARS, OCC RETIRED SERVICE, RIO H.NO.76/97-437-A-34, SANTHI NAGAR, NEAR RADIO STATION, KURNOOL TOWN, KURNOOL DISTRICT, ANDHRA PRADESH-518003. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI - 522503. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI - 522503. 3. THE COMMISSIONER, PANCHAYATRAJ AND RURAL DEVELOPMENT, STATE OF ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT - 522501. 4. THE ZILLA PRAJA PARISHATH, KURNOOL, REP. BY ITS CHIEF EXECUTIVE OFFICER, KURNOOL DISTRICT, ANDHRA PRADESH - 518002. ...RESPONDENT(S): 2 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non-regularising the suspension period of the petitioner from 05-06-2008 to 02-11-2010 treating it as 'on duty' as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents to regularise the suspension period of the petitioner from 05-06-2008 to 02-11-2010 treating it as 'on duty' and further direct the authorities to pay the monetary and other benefits for the above said period. IA NO: 1 OF 2026 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 direct the 1st respondent to dispose of the petitioner's representation dated 16-08-2026 in pursuance to the report submitted by the 3rd respondent dated 11-06-2025, pending disposal of the above writ petition. Counsel for the Petitioner: 1. K V L NARASIMHA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.29090 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondents in not regularizing the suspension period of the Petitioner from 05.06.2008 to 02.11.2010 treating it as ‘on duty’, as illegal and arbitrary. 2. The Petitioner while working as MPDO, Krishnagiri Mandal, Kurnool District, a criminal case was registered against the Petitioner by the ACB authorities on the complaint given by one Vadla Srinivasulu and thereafter a charge-sheet was filed under the provisions of Prevention of Corruption Act, 1988. The cognizance of offence was taken by the I Additional Special Judge for SPE & ACB Cases-cum-V Additional Chief Judge, City Civil Court, Hyderabad, and the same was numbered as C.C.No.37 of 2009. 3. After due trial, the trial Court acquitted the Petitioner vide Judgment dated 30.06.2012 and a Criminal Appeal was filed thereon vide Criminal Appeal No.1067 of 2012 and the same is pending adjudication. On the allied lines, a departmental enquiry was initiated and consequent to the enquiry, the Petitioner was imposed a penalty of stoppage of two (2) annual grade increments without cumulative effect on 22.01.2014. During 4 pendency of the criminal case, the Petitioner was suspended from service on 09.06.2008 and was reinstated into service on 04.10.2010. Now, the Petitioner seeks for regularization of his service on suspension in view of the acquittal in the criminal case. 4. Learned Assistant Government Pleader appearing for the Respondents on instructions submits that the proposals for regularization of the suspension period of the Petitioner were sent to the Government vide Lr.No.1032796/CRP&RD/VIG-ACB/2019, dated 11.06.2025 and the same is pending for consideration. 5. Considering the submissions, the Writ Petition is disposed of directing the Respondents to examine the claim of the Petitioner and pass appropriate orders on the suspension period of the Petitioner within a period of three (3) months from the date of receipt of a copy of this order. 6. No order as to costs. 7. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 08.10.2026 IS 5 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.29090 of 2026 Date: 08.10.2026 IS