APHC010723902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 945/2026 Between: 1. M K SURESH, S/O. MUNIKRISHNA, AGED ABOUT 32 YEARS, R/O. 2-14, BISANATHAM, GUDUPALLE, CHITTOOR DISTRICT-517425 ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.-522237 2 2. THE COMMISSIONER AND SURVEY SETTLEMENT LAND RECORD OFFICER, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT.-521225 3. 3. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT.-517001 ...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 topleased to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the 3RD respondent in suspending the petitioner from his services vide proceedings Rc.no. A2/136/2025 dated 23.12.2025, without conducting any enquiry is illegal, arbitrary and violation of principles of natural justice. Consequently, set aside the same and pass IA NO: 1 OF 2026 2 VS,J W.P.No.945 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 leased to suspend the operation of the proceedings issued by the 3RD respondent vide proceedings in Rc.no. A2/136/2025 dated 23.12.2025, by directing the 2ND and 3RD respondents to permit the petitioner to discharge his duties is illegal, arbitrary and violation of principles of natural justice pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 VS,J W.P.No.945 of 2026 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the 3rd respondent in suspending the petitioner from his services vide proceedings Rc no A2/136/2025 dated 23 12 2025 without conducting any enquiry is illegal arbitrary and violation of principles of natural justice Consequently set aside the same and pass….” 2. Brief facts of the case are as follows: a) The petitioner was duly appointed as a Deputy Surveyor in the Revenue Department and has been discharging his official duties sincerely, efficiently and to the utmost satisfaction of his superior authorities since the date his appointment. b) While the petitioner was working as Deputy Surveyor in the office of the Deputy Surveyor and Land Records Officer (DSLO), Chittoor, he was deputed on conveyance duty to the office of the Tahsildar, Sodam Mandal, after duly having over charge. In the course of his official duties, the petitioner conducted a survey in respect of land situated in Survey Nos.43/2A, 43/2A1 and 43/2A6 of Ammagaripalli Village, Sodam Mandal, Chittoor District, pursuant to a complaint received from certain third parties. The said survey was conducted by the petitioner on 09.05.2025 and was confirmed by the concerned Tahsildar through an official communication. However, due to some personal animosity and grudge against the petitioner, the complainant, 4 VS,J W.P.No.945 of 2026 with mala fide intention, lodged a belated complaint before the 3rd respondent on 26.11.2025 alleging that the petitioner had not conducted the survey. Basing on the said complaint and without conducting any preliminary enquiry, without issuing any notice or affording an opportunity of personal hearing to the petitioner, the 3rd respondent passed the impugned suspension order vide R.C.No.A2/136/2025 dated 23.12.2025, placing the petitioner under suspension. Aggrieved by which, the petitioner filed the present writ petition. 3. Heard learned counsel for the petitioner and the learned Government Pleader for Services-I appearing for the respondents. Perused the material placed on record. 4. On perusal of the impugned proceedings dated 23.12.2025, it shows that the services of the petitioner was placed under suspension, without following the procedure as contemplated under APCS (CC&A) Rules, 1991, which is illegal and arbitrary. 5. Ordinarily, the Court should not interfere with orders of suspension unless they are passed malafidely and without there being even prima facie evidence on record connecting the employee with the misconduct in question. The Hon’ble Apex Court in the decision dated 22nd November, 2013 between Union Of India and Another Vs. Ashok Kumar Aggarwal, observed as follows:- “Suspension is a device to keep the delinquent out of the mischief range. The purpose is to complete the proceedings unhindered. 5 VS,J W.P.No.945 of 2026 Suspension is an interim measure in aid of disciplinary proceedings so that the delinquent may not gain custody or control of papers or take any advantage of his position. More so, at this stage, it is not desirable that the court may find out as which version is true when there are claims and 3 counter claims on factual issues. The court cannot act as if it an appellate forum de hors the powers of judicial review.” 6. In view of the above observation and it is also a fact that the impugned suspension orders are not final orders, therefore, this court not inclined to interfere with the impugned orders. However, the petitioner is given liberty to file his explanation to the respondents. 7. Accordingly, the Writ Petition is disposed of directing the petitioner to submit his explanation to the impugned order dated 23.12.2025 within a period of two (02) weeks from the date of receipt of a copy of the order, thereafter, the respondents are directed to consider the said explanation and pass appropriate orders in accordance with the existing Rues. No order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. __________________ JUSTICE V.SUJATHA Dated 05.05.2026 KGR