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2026 DAILYLAW 5128 (AP)

Dr. T. Surya Manga Devi, v. The State of Andhra Pradesh,

WP/19030/2026 · 2026-07-13

Nyapathy Vijay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010357622026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 14th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19030/2026 Between: 1. DR. T. SURYA MANGA DEVI,, W/O. CHINTA SHYAM KUMAR, AGED ABOUT 46 YEARS, OCC DEPUTY CIVIL SURGEON-CUM-RESIDENT MEDICAL OFFICER (DEPUTY CSRMO), GOVERNMENT GENERAL HOSPITAL, VIJAYAWADA, R/O. D.NO 29-8-44, CHILUKU DURGAIAH STREET, SURYARAO PETA, VIJAYAWADA, ANDHRA PRADESH - 520002 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH - 522503 2. DIRECTORATE OF MEDICAL EDUCATION, REP. BY ITS DIRECTOR OF MEDICAL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, OLD GGH CAMPUS, HANUMANPET, VIJAYAWADA - 520003. 3. DEPARTMENT OF HEALTH AND FAMILY WELFARE, REP. BY ITS DIRECTOR OF PUBLIC HEALTH AND FAMILY WELFARE, NTR DISTRICT, ELURU ROAD, VIJAYAWADA ANDHRA PRADESH - 520004 4. THE GOVERNMENT GENERAL HOSPITAL, REP. BY ITS. SUPERINTENDENT/ADDITIONAL DIRECTOR, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH - 520008 5. THE DISTRICT COLLECTOR AND MAGISTRATE, NTR DISTRICT, 2 VIJAYAWADA, ANDHRA PRADESH - 520002 ...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, Order or Direction, more particularly one in the nature of a Writ of Mandamus a) to declare the relieving order in Rc.No. 1979/E 1/GGH/VJA/2026 dated 10.07.2026 issued by the 4th Respondent, relieving the petitioner from the post of Deputy Civil Surgeon-cum-Resident Medical Officer (Deputy CSRMO), Government General Hospital, Vijayawada, merely relying upon the newspaper reports, without conducting any independent inquiry, without verifying the CCTV footage and the relevant records, without recording the statements of the staff members who were on duty, without furnishing the reference relied upon, without considering the explanation submitted by the petitioner and in violation of the principles of natural justice and the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, as illegal, arbitrary, unconstitutional and consequently set aside the same b) Consequently, set aside the relieving order in Rc.No.1979/E1/GGHA/JA/2026 dated 10.07.2026 issued by the 4th Respondent relieving the petitioner from the post of Deputy Civil Surgeon- cum-Resident Medical Officer (Deputy CSRMO), Government General Hospital, Vijayawada with all consequential benefits, c) Further, direct the respondents to conduct an independent inquiry, strictly in accordance with law, affording the petitioner a reasonable opportunity to submit her explanation and be heard before initiating any action against her 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 suspend the operation of the relieving order in Rc.No. 1979/El/GGHA/JA/2026 dated 10.07.2026 issued by the 4th Respondent relieving the petitioner from the post of Deputy Civil Surgeon- cum-Resident Medical Officer (Deputy CSRMO), Government General Hospital, Vijayawada so as to continue the petitioner as Deputy Civil Surgeon-cum-Resident Medical Officer (Deputy CSRMO), Government General Hospital, Vijayawada Counsel for the Petitioner: 1. V LAKSHMI HARISH 3 Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 4 ORDER: The present writ petition is filed questioning the proceedings relieving the petitioner from the post of Deputy Civil Surgeon – cum - Resident Medical Officer (Deputy CSRMO), Government General Hospital, Vijayawada, as being illegal, arbitrary and contrary to law. 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Services-I appearing for the respondents. 3. The grievance of the petitioner is that she was relieved from the above-mentioned post on the allegation of negligence and dereliction of duty in not arranging the transportation of deceased persons in Mahaprasthanam vehicles, which, according to her, does not fall within the scope of her duties. It is contended that the said work is not part of the petitioner's job chart. The petitioner further submits that the impugned proceedings are stigmatic in nature and are likely to adversely affect her future service prospects and career progression. 4. The learned Assistant Government Pleader for Services-I appearing for the respondents submits that the impugned proceedings are only a relieving order and that no civil consequences have ensued to the petitioner by virtue of the said order. 5. The learned Assistant Government Pleader further submits that if the petitioner submits a representation to the 3rd respondent, explaining her stand, 5 the same shall be duly considered and appropriate orders shall be passed thereon in accordance with law. 6. Considering the above submissions and as there are immediate career consequences on the petitioner, the Writ Petition is disposed of with the following directions: i. The petitioner to submit a representation to the 3rd respondent, explaining her job chart and placing her explanation with regard to the allegations levelled against her. ii. On receipt of such representation, the 3rd respondent shall consider the same and pass appropriate orders, in accordance with law, within a period of two (2) weeks from the date of receipt thereof. iii. Until such time, the petitioner shall be continued in the post of Deputy Civil Surgeon – cum - Resident Medical Officer (Deputy CSRMO), Government General Hospital, Vijayawada. 7. There shall be no order as to costs. As a sequel, miscellaneous applications, if any, pending in this writ petition shall stand closed. _______________________ JUSTICE NYAPATHY VIJAY 14th July, 2026 cbn 6 70 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.19030 of 2026 14th July, 2026 cbn