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2026 DAILYLAW 9233 (AP)

PUDI VISALAKSHI v. THE STATE OF ANDHRA PRADESH

WP/24823/2026 · 2026-09-01

Nyapathy Vijay

body2026

Judgment text

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APHC010449042026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE 2nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24823/2026 Between: 1. PUDI VISALAKSHI, SRI MALLADI MADHAVA, AGED 45 YEARS, HOSTEL WELFARE OFFICER GR-II, GOVT. B.C. COLLEGE GIRLS' HOSTEL, PEDDAPURAM, R/O 9-100, JAYAPRAKASH NAGAR, TURANGI, KAKINADA, KAKINADA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY BC WELFARE DEPARTMENT SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH-522238. 2. THE DISTRICT COLLECTOR AND MAGISTRATE, , KAKINADA DISTRICT, KAKINADA, ANDHRA PRADESH-533004. 3. THE DEPUTY DIRECTOR, B.C. WELFARE DEPARTMENT (FAC), PRAGATI BHAVAN, KAKINADA, KAKINADA DISTRICT, ANDHRA PRADESH-533004. 4. THE REVENUE DIVISIONAL OFFICER, PEDDAPURAM DIVISION, KAKINADA DISTRICT, ANDHRA PRADESH-533437. 5. THE ASSISTANT B C WELFARE OFFICER, PEDDAPURAM DIVISION, KAKINADA DISTRICT, ANDHRA PRADESH-533437 ...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 a Writ of Mandamus or any other appropriate writ, order, or direction, declaring the continued suspension of the Petitioner in proceedings in Rc.B1/60/2025 dated 19.07.2025 issued by the 2nd respondent beyond a reasonable period as arbitrary, illegal, unconstitutional, and violative of Articles 14 and 21 of the Constitution of India consequentially direct the Respondent authorities to consider and pass orders on the Petitioner's representation dated 08.07.2026 for reinstatement into service pending enquiry under proceedings in Rc.B1/6012025 dated 19.07.2025 dated 04.09.2025 in accordance with law, within a time-bound period forthwith alternatively, direct the Respondent authorities to revoke the suspension order and reinstate the Petitioner pending enquiry under Rule 8(5) of the A.P. Civil Services (CCA) Rules, 1991 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 direct the Respondent authorities to consider and pass orders on the Petitioner's representation dated 08.07.2026 for reinstatement into service pending enquiry under proceedings in Rc.B1/60/2025 dated 19.07.2025 dated 04.09.2025 in accordance with law, within a time-bound period forthwith alternatively, direct the Respondent authorities to revoke the suspension order and reinstate the Petitioner pending enquiry under Rule 8(5) of the A.P. Civil Services (CCA) Rules, 1991 pending disposal of the above writ petition Counsel for the Petitioner: 1. V SAI KUMAR 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.24823 of 2026 ORDER: 1. The present Writ Petition is filed questioning the suspension order issued vide Rc.B1/60/2025, dated 19.07.2025 by the Respondent No.2 against the Petitioner, as illegal and arbitrary. 2. The Petitioner is working as Hostel Welfare Officer (Grade-II) at Government B.C. College Girls Hostel, Peddapuram, Kakinada district. 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 19.07.2025 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. He further submitted that a charge memorandum was issued on 04.09.2025 against the Petitioner and there is no progress in the departmental enquiry initiated 4 against the Petitioner and keeping the Petitioner under suspension is unwarranted. 4. Learned Assistant Government Pleader 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. 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 5 19.07.2025 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. As a sequel, miscellaneous petitions, pending if any, shall standclosed. ________________________ JUSTICE NYAPATHY VIJAY Date: 02.09.2026 chs 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 119 WRIT PETITION No.24823 of 2026 Dated:02.09.2026 chs