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2026 DAILYLAW 13040 (AP)

Koppisetty Veera Venkata Satyanarayana Prasad Rao v. The State of Andhra Pradesh

WP/14462/2026 · 2026-10-06

Nyapathy Vijay

body2026

Judgment text

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Date of reserved for orders : -- Date of pronouncement : 07.10.2026 Date of uploading : 07.10.2026 APHC010228172026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 7th DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 14462 OF 2026 Between: 1. Koppisetty Veera Venkata Satyanarayana Prasad Rao,, S/o K.Bhaskara rao. Aged 53 Years, R/o. 4-137/1, SRMT mall back side, old gaigolupadu, Sundara Nagar, Kakinada urban. East Godavari District - 533005. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Medical and Health Department, Secretary Buildings, Amaravathi, Guntur District. 2. The Director Medical and Health Department, Government of Andhra Pradesh. Himagna Towers, 3rd Floor, Saipuram Colony, One Centre, Gollapudi, Vijayawada. Andhra Pradesh, PIN 521 225 3. The Principal/Additional Directorate of Medical Education, Rangaraya Medical College, Pithapuram, Kakinada - 533003 ...Respondents 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring impugned action of the respondents in issuing impugned proceedings Rc.No.490/ Estt/ E4/ RMC/ 2025, dt.n.07.2025, placing the petitioner under suspension and continuing the petitioner under suspension without being reviewed and without conducting any review or suspension as per the policy directions of the government in G.O.Ms.No.22 (General Administration Department) dt.29.02.2024 apart that suspension order been issued in routine manner is illegal and arbitrary violative of article 14 of the Constitution of India, apart from violative of principles of natural justice as well as Andhra Pradesh Civil Service (CCA) Rules and consequently set aside the same and pass such other orders. 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 may be pleased to grant impugned and suspend the impugned order in Rc.No.490/Estt/E4/RMC/2025, dt.11.07.2025, pending disposal the above Writ Petition and pass such other orders. Counsel for the Petitioner: G V SHIVAJI Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.14462 of 2026 ORDER: 1. The present Writ Petition is filed questioning the suspension order issued vide Proceedings No.490/Estt/E4/RMC/2025, dated 11.07.2025 by Respondent No.1 against the Petitioner, as illegal and arbitrary. 2. The Petitioner is an Ex-Serviceman, who initially joined in Rangaraya Medical College, Kakinada, as a Watchman on 04.08.1992 and was promoted as Record Assistant in the year 1995 and thereafter promoted as Lab Technician in the year 2010. While so, the impugned order of suspension was issued in exercise of powers conferred under Rule 8(1)(b) of the Andhra Pradesh Civil Services (CCA) Rules, 1991 on the allegation of sexual harassment. Questioning the same, the present Writ Petition is filed. 3. Learned counsel for the Petitioner would submit that the impugned Proceedings dated 11.07.2025 and the continuance of the order of suspension amount to punishment. He further submits that the proposed charges against the Petitioner do not warrant keeping the Petitioner under suspension for such a long period. 4. Learned Assistant Government Pleader appearing for the Respondents would submit that disciplinary action is being initiated 4 against the Petitioner and considering the charges that are proposed against the Petitioner, the order of suspension cannot be found fault with. 5. Heard the respective counsels. 6. Vide G.O.Ms.No.22, General Administration (Service-C) Department, dated 29.02.2024, the Government directed that orders of suspension should be reviewed every four (04) months and the outer limit of suspension was reduced to one year. Paragraph No.5 of the said G.O. is extracted below: “After careful examination of the matter, after reviewing the said G.Os., duly obtaining the advice of the Competent Authority and in modification of the orders issued in the G.Os.1St to 4th read above, Government hereby direct to reduce the outer limit of suspension of Government servant from two (2) years to one (1) year from the date of suspension of the Government servant fixed in read with G.O.Ms.No.86, G.A. (Ser.C) Dept.,dt.8.3.1994 read with G.O.Ms.No.526, G.A. (Ser.C) Dept., dt19.8.2008 and G.O.Rt.No.2285, G.A. (Ser.C) Dept., dt.18.05.2012 for reinstatement of the Government servant under suspension, subject to all other conditions stipulated therein and also direct to review the order of suspension against a Government servant both in ACB and Departmental Inquiries at the end of every four (4) months instead of six (6) months fixed in G.O.Ms.No.86, G.A. (Ser.C) Dept.,dt.8.3.1994.” 5 7. Therefore, the Writ Petition is disposed of, directing the Respondents to review the impugned suspension order dated 11.07.2025 issued by Respondent No.1 in terms of Paragraph No.5 of the above G.O., within a period of four (4) weeks from the date of receipt of a copy of this order. 8. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 07.10.2026 IS 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.14462 of 2026 Dated: 07.10.2026 IS