Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 4118 (AP)

P. DIWAKAR v. THE DISTRICT COLLECTOR

WP/17240/2026 · 2026-06-30

Nyapathy Vijay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Date of reserved for orders : --- Date of pronouncement : 01.07.2026 Date of uploading : APHC010325092026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE 1st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17240/2026 Between: 1. P. DIWAKAR, S/O. CHENNAIAH, AGED ABOUT 55 YEARS. WORKING AS PANCHAYAT SECRETARY, OBANNAPETA GRAM PANCHAYAT KONDAPURMANDAL, YSR KADAPA DISTRICT. 2. K.SREENIVASULU,, S/O.VENKATANNA AGED 55 YEARS, WORKING AS PANCHAYAT SECRETARY, NELATUR GRAMPANCHAYAT, DUWUR MANDAL, YSR KADAPA DISTRICT. ...PETITIONER(S) AND 1. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT, KADAPA. 516001 2. THE DISTRICT PANCHAYAT OFFICER, YSR KADAPA DISTRICT, KADAPA. 516001 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 522238 2 ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of Mandamus, declaring the action of the respondents in not considering and disposing of the petitioner's representation dated 12.05.2025, seeking regularization of the suspension period from 18.08.2008 to 14.06.2009 and grant of all consequential service benefits, as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India and consequently direct the 2nd respondent to consider and dispose of the said representation dated 12.05.2025,for regularization of the suspension period from 18.08.2008 to 14.06.2009 as on duty as per FR 54 B, within a time frame to be fixed by this Hon'ble Court and 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 pleased to direct the 2nd respondent to consider and dispose of the petitioner's representation dated 12.05.2025,seeking regularization of suspension period from 18.08.2008 to 14.06.2009 and consequential service benefits within a time frame to be fixed by this Hon'ble Court and pass Counsel for the Petitioner(S): 1. K R SRINIVAS Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.17240 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondents in not considering the representation, dated 12.02.2025 of the Petitioners seeking for regularization of suspension period from 18.08.2008 to 14.06.2009, as illegal and arbitrary. 2. The Petitioners were suspended on account of certain irregularities in MGNREGS works in V.N. Palli mandal. Thereafter, a criminal case was also registered against the Petitioners vide C.C.No.110 of 2010 on the file of Civil Judge (Junior Division)-cum- Judicial Magistrate of First Class, Kamalapuram and the said Court vide its orders, dated 08.06.2018 acquitted the Petitioners as not guilty under the offences. 3. Thereafter, a departmental enquiry was initiated against the Petitioners by issuing a charge memorandum, dated 04.07.2014 against them. As there is no progress in disciplinary enquiry, the Petitioners filed W.P.Nos.6614 of 2023 and 6557 of 2023. The said Writ Petitions were disposed of, directing the concerned to conclude the departmental enquiry within the prescribed time, else disciplinary enquiry shall be deemed to be quashed. As the departmental enquiry 4 did not conclude within the stipulated time, it was deemed to be quashed. Later, the Petitioners submitted a representation, dated 12.05.2025 requesting the Respondents to regularize the period of suspension and to grant all consequential benefits entitled to them. It was further submitted that the Petitioners are entitled for regularization of suspension period in terms of F.R.54-B of Andhra Pradesh Fundamental Rules. Hence, the Writ Petition is filed. 4. Learned Assistant Government Pleader for Services submitted that the representation given by the Petitioners would be examined, taking note of the Judgment passed in C.C.No.110 of 2010 on the file of Civil Judge (Junior Division)-cum-Judicial Magistrate of First Class, Kamalapuram and an appropriate decision will be taken in that regard. 5. Heard the counsels. 6. In the light of the submissions, this Writ Petition is disposed of, with the following directions:- (i) The Respondent-Authorities are directed to consider the representation, dated 12.05.2025 given by the Petitioners, taking note of the Judgment passed in C.C.No.110 of 2010 on the file of Civil Judge (Junior 5 Division)-cum-Judicial Magistrate of First Class, Kamalapuram, dated 08.06.2018. (ii) The above exercise shall be completed within a period of three months from the date of receipt of a copy of this order. (iii) No order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 01.07.2026 chs Whether the order is: Speaking ✔ Reasoned Reportable Non-reportable ✔ 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 114 WRIT PETITION No.17240 of 2026 Dated: 01.07.2026 chs