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Date of reserved for orders : -- Date of pronouncement : 20.07.2026 Date of uploading : 20.07.2026 APHC010366792026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE 20th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19667/2026 Between:
1. BATHI RAVI KUMAR, S/O NARASIMHAMURTHY, AGED ABOUT 35 YEARS, RIO. BUTCHAMPETA VILLAGE, ROLUGUNTA MANDAL, ANAKAPALLI DISTRICT
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, ANDHRA PRADESH SECRETARIAT, AMARAVATHI,
GUNTUR DISTRICT, ANDHRA PRADESH.522237
2. THE DISTRICT COLLECTOR, ANAKAPALLI, ANAKAPALLI DISTRICT, ANDHRA PRADESH.531001
3. THE DISTRICT GRAM PANCHAYAT OFFICER, ANAKAPALLI, ANAKAPALLI DISTRICT, ANDHRA PRADESH.531001
4. THE DIVISIONAL PANCHAYAT OFFICER, NARSIPATNAM, ANAKAPALLI DISTRICT, ANDHRA PRADESH.531116
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5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, GOLUGONDA MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH.531084
...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 a Writ Order or direction particularly, one in the nature of writ of Mandamus filed challenging the action of Respondent No. 2 in issuing the impugned suspension order vide Progs.E.No.96632/2026 B2/T3 dated 23.02.2026, which is not being renewed and without following the G.O. Ms.No.22, Dated.29.02.2024 and the enquiry not being completed by six months in accordance with the G.O.Ms.No.91 dated 12.09.2022 as arbitrary, unjust, illegal besides being in violation of the Fundamental Rights guaranteed to the petitioner under Article 14, 15, 16 and 21 of the Constitution of India and consequently set aside the impugned suspension orders issued in Progs.E.No.96632/2026 B2/T3 dated 23.02.2026, by the respondent no.2 herein contrary to G.O. Ms. No.22 dated Dated.29.02.2024 and G.O.Ms.No.91 dated 12.09.2022 duly reinstating the petitioner into services as Panchayat Secretary Grade-V with all consequential benefits and pass such other orders.
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 stay the operation of the impugned suspension
order Progs.E.No.96632/2026 B2/T3, dated 23.02.2026 issued by Respondent No. 2, duly permitting the Petitioner to resume his duties
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as Panchayat Secretary, Grade-V at Jogampeta Gram Panchayat, Golugonda Mandal, Anakapalli District, with immediate effect and to pass such other orders. Counsel for the Petitioner:
1. P NANILU NAIDU Counsel for the Respondent(S):
1. GP FOR SERVICES I The Court made the following:
Whether the order is :
Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.19667 of 2026
ORDER:
1. The present Writ Petition is filed questioning the action of Respondent No.2 in issuing the impugned suspension order vide Progs.E.No.96632/2026 B2/T3, dated 23.02.2026 and to declare the same as illegal and arbitrary. 2. The Petitioner is working as Panchayat Secretary Grade-V at Jogampeta Gram Panchayat, Golugonda Mandal, Anakapalli District. While so, a criminal case vide Cr.No.21/2026 dated 16.02.2026 on the file of on the file of Rolugunta P.S., Anakapalli District was registered against the Petitioner for the offences punishable under Sections 126(2), 118(1), 324(4), 308(5), 351(2) R/w 3(5) of BNS, 2023, wherein the Petitioner is arrayed as Accused No.1. 3. On account of registration of the said criminal case, the Petitioner was placed under suspension vide impugned Proceedings, dated 23.03.2026 till conclusion of disciplinary action. 4. Sri P. Nanilu Naidu, learned counsel for the Petitioner would submit that the continuance of the order of suspension amounts to punishment. He further submits that the proposed charges against the
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Petitioner do not warrant keeping the Petitioner under suspension for such a long time. 5. Learned Assistant Government Pleader appearing for the Respondents would submit that disciplinary action is being initiated against the Petitioner and considering the charges that are proposed against the Petitioner, the order of suspension cannot be found fault with. 6. Heard the respective counsels. 7. In G.O.Ms.No.22, General Administration (Ser-C) Department, dated 29.02.2024, the Government after taking into consideration earlier G.Os, directed that orders of suspension should be reviewed every four (04) months and the outer limit of suspension was reduced to one (1) year.
The Paragraph No.5 of the said G.O., is extracted below:
“After careful examination of the matter, after reviewing the said G.Os., duly obtaining the advice of the Competent Authority and in modification of the orders issued in the G.Os.1st to 4th read above, Government hereby direct to reduce the outer limit of suspension of Government servant from two (2) years to one (1) year from the date of suspension of the Government servant fixed in read with G.O.Ms.No.86, G.A. (Ser.C) Dept., dt.8.3.1994 read with G.O.Ms.No.526, G.A. (Ser.C) Dept., dt 19.8.2008 and G.O.Rt No.2285, G.A. (Ser.C) Dept., Dt.18.05.2012 for reinstatement of the Government servant under suspension, subject to all other conditions stipulated therein and also direct to review the order of suspension against a Government servant both in ACB and
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Departmental Inquiries at the end of every four (4) months instead of six (6) months fixed in G.O.Ms.No.86, G A. (Ser.C) Dept., dt.8.3.1994.”
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8. Therefore, the Writ Petition is disposed of, with the following directions;
(i) The Respondents to review the impugned suspension
Progs.E.No.96632/2026 B2/T3, dated 23.02.2026 issued by
Respondent No.2 in terms of Paragraph No.5 of the above
G.O., within a period of four (4) weeks from the date of receipt of
a copy of this order;
(ii) No order as to costs. 9. As a sequel, miscellaneous applications pending, if any, shall stand closed. _______________________
JUSTICE NYAPATHY VIJAY Date: 20.07.2026
IS
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION No.19667 of 2026
Date: 20.07.2026
IS