::1:: APHC010064972026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 3860/2026 Between: 1. P RAJESH, PC-3971, S/O. P. SUNKANNA, AGED 36 YEARS, OCC. POLICE CONSTABLE, KURNOOL TALUKA URBAN POLICE STATION, KURNOOL CITY, KURNOOL DISTRICT- 518001. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522238. 2. THE DIRECTOR GENERAL OF POLICE, APSP 6TH BATTALION CAMPUS, MANGALAGRI, GUNTUR DISTRICT, ANDHRA PRADESH-522503. 3. THE SUPERINTENDENT OF POLICE, O/O. THE DISTRICT POLICE OFFICE, NEAR OLD BUS STAND, A CAMP, KURNOOL, KURNOOL DISTRICT-518001. 4. THE SUBDIVISIONAL POLICE OFFICER/DISTRICT POLICE OFFICER, O/O. THE DISTRICT POLICE OFFICE, NEAR OLD BUS STAND, A CAMP, KURNOOL, KURNOOL DISTRICT- 518001. ::2:: 5. THE INSPECTOR OF POLICE, KURNOOL IV-TOWN POLICE STATION, BELLARY ROAD IN GURU RAGHAVENDRA NAGER, KURNOOL CITY, KURNOOL DISTRICT-518003. ...RESPONDENT(S): ::3:: This Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India by the Petitioners for the following relief: “ declaring the action of the 3rd respondent issued Proceedings PR.N0.A6/PR-12/2025, D.O.No.701/2025, dated 02-09-2025 placing me under suspension on the basis of the report submitted by the 5th respondent dated.30- 08- 2025 without any basis mere on the apprehension, even after completion of 3 months suspension period the 3rd respondent neither enhanced the subsistence allowance up to 75 percent nor revoking my suspension in spite of my representations dated.06-01-2025 and 17-01-2026 by considering Charge Sheet filed by the 5th respondent in Crime No.292/2025 on 10-01-2026, deleting my name from the Charge Sheet which is illegal, arbitrary, unconstitutional, violation of CCA Rules 1991 and contrary to the Articles 14, 16 and 21 of the Constitution of India and consequently set- aside the Proceedings PR.No.A6/PR-12/2025, D.O.No.701/2025, dated.02-09-2025 and the Charge Memorandum C.N0.A6/PR-12/2025, dated.18-11-2025 and continue me in service by revoking the suspension and treat the suspension period in to on duty and release the difference salary of the said period with all consequential benefits and pass….” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Home appearing for the respondents. 3. The case of the petitioner is that he was appointed as a Police Constable on 05.05.2018 and was initially posted in a Special Party, and thereafter transferred to Kurnool Taluka Urban Police Station on 19.12.2020. However, he has been falsely implicated in Crime No.292/2025 dated 26.08.2025 registered under Sections 309(4), 308(4), ::4:: 351(2), 126(2) read with 3(5) of BNS, based on a complaint lodged by one Miss Mangali Rama Tulasi alleging an incident that occurred on 21.08.2025. The petitioner submits that his name does not find place either in the FIR or in the statements of the complainant and other witnesses, and that he has been implicated only on the basis of alleged call data and suspicion. Based on such material, the petitioner was placed under suspension by proceedings dated 02.09.2025 without seeking any explanation, which is contrary to the A.P. Civil Services (CCA) Rules, 1991. Though the petitioner submitted representations denying the allegations and sought revocation of suspension, the respondents proceeded to issue a charge memorandum dated 18.12.2025 under Rule 20 of the said Rules and appointed an Inquiry Officer and Presenting Officer, without properly considering his explanation. It is further submitted that, despite completion of more than five months of suspension, no order has been passed either revoking the suspension or otherwise. It is also submitted that the charge sheet filed by the police on 10.01.2026 in Crime No.292/2025 is only against Accused Nos.1 to 3 and does not contain any allegation against the petitioner, nor is his name included even in the list of witnesses, which clearly establishes that there is no material against him. However, the respondents have neither dropped the disciplinary proceedings nor revoked the suspension. Hence the writ petition. ::5:: 4. The learned counsel for the petitioner has brought to the notice of this Court that, in the said crime, the investigating authorities have completed the investigation and filed the charge sheet dated 10.01.2026, wherein the involvement of the petitioner is not mentioned, and the charge sheet has been filed only against Accused Nos.1 to 3. Therefore, it is contended that the petitioner stands excluded from the charge sheet and, in such circumstances, the respondents ought to have reviewed the suspension of the petitioner. 5. Replying to the said contention, the learned Government Pleader for the respondents submitted that, in terms of G.O.Ms.No.22 dated 29.02.2024, the respondents would review the suspension and pass appropriate orders. 6. Considering the submissions made and upon perusal of the material placed on record, more particularly the charge sheet filed by the investigating officer dated 10.01.2026, this Court deems it appropriate to direct the respondents to consider the same and review the suspension of the petitioner in accordance with G.O.Ms.No.22 dated 29.02.2024, and pass appropriate orders, within a period of one (01) month from the date of receipt of a copy of this order. ::6:: 7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications if any pending, shall stand closed. ________________________ JUSTICE D. RAMESH Dt:10.02.2026 klk ::7:: THE HONOURABLE SRI JUSTICE D. RAMESH WRIT PETITION No.3860 of 2026 Dt:10.02.2026 klk 155