Extracted from the PDF above. The PDF is authoritative.
APHC010079982026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 4545/2026 Between:
1. REVALLI NAGARAJU, S/O REVALLI PEDDA KRISHNAIAH, AGED ABOUT 47 YEARS, OCC SUPERINTENDENT (U/S), O/0, (R B) DIVISION, ANANTHAPURAM, ANANTHAPURAM DISTRICT- 515001, RIO, D.NO.B/C-19, B-CAMP, KURNOOL, KURNOOL DISTRICT-
518001.
...PETITIONER AND
1. THE STATE OF AP, ROADS AND BUILDINGS REP. BY ITS PRINCIPAL SECRETARY, VELAGAPUDI, GUNTUR DISTRICT -
522237.
2. THE ENGINEERINCHIEF, (R B) ADMINISTRATION, ROOM NO. 501, MG ROAD VIJAYAWADA, NTR DISTRICT- 520010.
3. THE SUPERINTENDING ENGINEER, (R B) CIRCLE, KURNOOL, KURNOOL DISTRICT-518001.
4. THE SUPERINTENDING ENGINEER, (R
B) CIRCLE, ANANTHAPURAM, ANANTHAPURAM DISTRICT-515001. 5.
5. THE EXECUTIVE ENGINEER R B DIVISION, ANANTHAPURAM, ANANTHAPURAM DISTRICT-515001.
6. THE DIVISIONAL ACCOUNTS OFFICER, (R B) DIVISION, ANANTHAPURAM, ANANTHAPURAM DISTRICT-515001.
...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 issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus directing to call for the records relating to proceedings of the 3rd Respondent in continuing the Petitioner under suspension, vide Proceedings No.A3/APMS/SA/Suspension orders/2024 dated 14-02-2024 and set aside the same as arbitrary an illegal, and consequently directs the 3rd Respondent to reinstate the Petitioner into service with all consequential benefits, including back wages, in the interest of justice and to pass 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 to direct the Respondents to reinstate the Petitioner into service by suspending the proceedings vide Proceedings No.A3/APMS/SA/Suspension orders/2024 dated 14-02-2024 of the 3rd Respondent, and to passed Counsel for the Petitioner:
1. PANGI RAJU BABU Counsel for the Respondent(S):
1. GP FOR SERVICES II
THE HONOURABLE SRI JUSTICE D.RAMESH
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“…pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus directing to call for the records relating to proceedings of the 3rd Respondent in continuing the Petitioner under suspension, vide Proceedings No.A3/APMS/SA/Suspension orders/2024 dated 14-02-2024 and set aside the same as arbitrary an illegal, and consequently directs the 3rd Respondent to reinstate the Petitioner into service with all consequential benefits, including back wages, in the interest of justice and to pass.…”
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing on behalf of the respondents. 3. Initially, the petitioner was appointed as attender on compassionate grounds on 23.11.1994 and his service was regularized vide proceedings dated 19.10.1997 and subsequently the petitioner was transferred to Deputy Executive Engineer (R&B) Sub-Division, Atmakur, Kurnool District and he was promoted as Junior Assistant vide proceedings dated 12.11.2003 as Junior Assistant as per Rule 16 (C) (I) of A.P.State and Subordinate Rules on 24.05.2005 and further promoted to the post of Senior Assistant vide proceedings dated 16.10.2009. While the things stood thus, a complaint was registered on 21.01.2024, on the file of the II Town Police Station, Ananthapuram, Ananthapuram District, under Sections 409, 420, 468, 471 of I.P.C. and the petitioner was arrested and
remanded to judicial custody in Crime No.10 of 2024 and subsequently, he was released on bail based on the same, the petitioner was placed under Suspension on 14.02.2024 and from the said date onwards, the petitioner was under suspension. Questioning the said action, the petitioner has filed W.P.No.20945 of 2024 and the said Writ Petition was disposed of on 28.11.2024 with the following directions:
“...6. Thus, as seen from the instructions, the petitioner’s suspension was reviewed on 13.11.2024 by respondent No.2 and subsistence allowance was paid till August, 2024. The subsistence allowance for September and October 2024 will be claimed during the salary-claiming schedule 17.11.2024 to 25.11.2024. 7. Given the instructions of respondent No.5, since respondent No.2 reviewed the petitioner’s suspension on 13.11.2024 and the petitioner was also paid subsistence allowance till August, 2024, this writ petition is disposed of at the admission stage, with the consent of learned counsel on either side, directing the respondents to complete the inquiry, initiated against the petitioner, in terms of G.O.Ms.No.91 dated
12.09.2022.
No costs…”
4. From the above, it can be seen that this Court has categorically
directed the respondents to complete the enquiry initiated against the petitioner in terms of G.O.Ms.No.91 dated 12.09.2022.
5.
Learned counsel for the petitioner submitted that the timeline stipulated in G.O.Ms.No.91 dated 12.09.2022 is that for minor penalties. The enquiry has to be completed within a period of three (03) months and for major/complicated issues enquiry has to be completed within a period of six (06) months but in the instant case, the petitioner was placed under suspension on 14.02.2024 and since then they have reviewed the suspension on 13.11.2024 and he was continued under suspension. He
further submitted that though they have stated that they have reviewed the suspension on 13.11.2024, there are no instructions with regard to the conclusion of disciplinary proceedings. He further submitted that they have not paid the subsistence allowance to the petitioner.
6. Learned Assistant Government Pleader appearing for respondents furnished written instructions, wherein it is stated that the respondents have concluded disciplinary proceedings and passed final orders through G.O.Rt.No.89, T(R&B) (Vigilance R&B) Department dated 13.02.2026 with a major penalty of ‘Dismissal from Service’.
7. Considering the said written instructions, this Writ Petition is
disposed of, giving liberty to the petitioner to avail alternative remedies if he has any grievance against the final orders in G.O.Rt.No.89 dated
13.02.2026. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed.
__________________________ JUSTICE D.RAMESH
Date: 25.02.2026 M K K
227 THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION No.4545 of 2026
Dated: 25.02.2026
M K K