APHC010411472026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 11th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22681/2026 Between: 1. GUDISAY UDAY, S/O GUDISAY YACOB, AGED ABOUT 32 YEARS, 11-9-14, GULLANKI VARI STREET, BHIMAVARAM MANDAL GUNUPUDI, BHIMAVARAM, WEST GODAVARI, ANDHRA PRADESH, 534201. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, 3RD BLOCK, A.P SECRETARIAT, VELAGAPUDI, AMARAVATHI, 522238. 2. REGIONAL DIRECTOR CUM APPELLATE COMMISSIONER, MUNCIPAL ADMINISTRATION DEPARTMENT RAJAMAHENDRAVARDM, 533103 3. COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, MA AND UD DEPARTMENT, APCRDA PROJECT OFFICE, 4TH FLOOR, RAYAPUDI POST, TULLURU MANDAL, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH - 522237. 4. BHIMAVARAM MUNICIPALITY, REP BY COMMISSIONER, BHIMAVARAM, WEST GODAVARI, DISTRICT, 534202 ...RESPONDENT(S): 2 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 toissue order direct or Writ more particularly one in the nature of Writ of Mandamus that the Petitioner aggrieved by the action of the 2nd Respondent by issuing the impugned proceedings Roc.No.184/2025/A3 dated 26-04-2025 that suspending the Petitioner till the conclusion of the disciplinary proceedings/termination of all proceedings by without reviewing the suspension of the Petitioner for every four months and suspending the Petitioner for more than a year and not initiated the disciplinary proceedings against the Petitioner within the stipulated time period and that which is nothing but the violation of the G.0.MS.No.22 Dated 29-02-2024 and violation of Articles 14, 21 of the Constitution of India and violation administrative law and the principles of natural justice and subsequently direct the Respondents to revoke the suspension and reinstate the Petitioner to his post as Junior Assistant, Bhimavaram, Muncipality 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 stay the impugned proceedings Roc.No.184/2025/A3 dated: 26-04-2025 and revoke the suspension and reinstate the Petitioner to his post as Junior Assistant, Bhimavaram Muncipality pending disposal of the above writ petition Counsel for the Petitioner: 1. ANKALLA PRUDHVI RAJ 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.22681 of 2026 ORDER: 1. The present Writ Petition is filed questioning the suspension order issued vide Roc.No.184/2025/A3, dated 26.04.2025 by the Respondent No.2 against the Petitioner, as illegal and arbitrary. 2. The Petitioner is working as Junior Assistant at Bhimavaram Municipality. While so, the impugned order of suspension was issued under Rule 8(1) of Andhra Pradesh Civil Services (CCA) Rules, 1991 on the premise that there are certain allegations against the Petitioner. Questioning the same, the present Writ Petition is filed. 3. Learned counsel for the Petitioner would submit that the impugned order, dated 26.04.2025 and the continuance of the order of suspension amounts to punishment. He further submits that the proposed charges against the Petitioner do not warrant to keep the Petitioner under suspension for such a long time. 4. Learned Assistant Government Pleader would submit that disciplinary action is being initiated against the Petitioner and 4 considering the charges that are proposed against the Petitioner, the order of suspension cannot be found fault with. 5. Heard the respective counsel. 6. G.O.Ms.No.22, dated 29.02.2024 wherein the Government after taking into consideration earlier G.Os. directed that orders of suspension should be reviewed every (04) months and the outer limit of suspension was reduced to one 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 conditionsstipulated therein and also direct to review the order of suspension against a Government servant both in ACB and 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.” 7. Therefore, the Writ Petition is disposed of, directing the Respondents to review the impugned suspension order, dated 26.04.2025 issued by the Respondent No.2 in terms of Paragraph No.5 of the above G.O. within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 5 As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 11.08.2026 chs 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 131 WRIT PETITION No.22681 of 2026 Dated:11.08.2026 chs