APHC010343022026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE 9th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18277/2026 Between: 1. B JYOTHI, D/O. PURUSHOTHAM, AGED ABOUT 38 YEARS, OCC. HORTICULTURE OFFICER, R/O. KANDUKUR, PRAKASAM DISTRICT, ANDHRA PRADESH-523105. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, AGRICULTURE AND COOPERATION (HORTICULTURE) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH-522238. 2. THE DIRECTOR OF HORTICULTURE AND SERICULTURE, ANDHRA PRADESH, PRIME HILL CREST, (4TH AND 5TH FLOOR), NEAR APDGP OFFICE, VADDESWARAM, TADEPALLI, GUNTUR-522503. 3. THE DISTRICT HORTICULTURE OFFICER, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH-523001. 4. THE DISTRICT HORTICULTURE OFFICER, OPP. NIPPO VEDAYAPALEAM, S.P.S.R. NELLORE DISTRICT ANDHRA PRADESH-524004. 5. SRI MAKANABOINA SESHAIAH, S/O. VENKATESWARLU, R/O. CHEVURU VILLAGE GUDLURU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH-523291. 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 a Writ of Certiorarified Mandamus, declaring the action of the 2nd Respondent in placing the Petitioner under suspension vide Proceedings No.Estt-l(2)11/2026, dated 22.05.2026, purportedly in exercise of powers under Rule 8(1) of the Andhra Pradesh Civil Services (CC and A) Rules, 1991, as being wholly illegal, arbitrary, mala fide, discriminatory, passed in gross violation of the principles of natural justice and in total non-application of mind, and violative of Articles 14, 16 and 21 of the Constitution of India, and consequently set aside the same, and direct the Respondents to forthwith reinstate the Petitioner into service with all consequential benefits, including continuity of service, restoration of duties and payment of all salary and allowances withheld during the period of suspension, strictly in accordance with law, 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 dispense with the filing of the certified copy of the impugned Proceedings No. Estt-I(2)11/2026, dated 22.05.2026,, and to pass IA NO: 2 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 impugned Proceedings No.Estt-l(2)11/2026, dated 22.05.2026, of the 2nd Respondent, and permit the Petitioner to continue to discharge her duties as Horticulture Officer, pending disposal of this Writ Petition, and pass Counsel for the Petitioner: 1. G V S KISHORE KUMAR Counsel for the Respondent(S): 3 1. GP FOR SERVICES II The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.18277 of 2026 ORDER: 1. The present Writ Petition is filed questioning the suspension order issued vide Proceedings No.Estt-I(2)11/2026, dated 22.05.2026 by the Respondent No.2 against the Petitioner, as illegal and arbitrary. 2. The Petitioner is working as a Horticulture Officer in Kandukur Division, Prakasam District. While so, it is alleged by Respondent No.5 that, in connection with the valuation and acquisition of his mango orchards situated in Survey Nos.541 and 868 of Chevuru Village, Gudluru Mandal, Prakasam District, the Petitioner demanded a sum of Rs.12,00,000/- from Respondent No.5 and that he gave Rs.10,00,000/- to the Petitioner in pursuance of such demand. On the basis of the said complaint, the Petitioner was placed under suspension by Respondent No.2 vide Proceedings No.Estt-I(2)11/2026, dated 22.05.2026, under Rule 8(1) of the Andhra Pradesh Civil Services (CC&A) Rules, 1991. Questioning the impugned suspension order, the present Writ Petition has been filed. 3. Learned counsel for the Petitioner would submit that the impugned suspension order, dated 22.05.2026 and the continuance of the order of suspension amounts to punishment. He further submits 5 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 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 Respondent-Authorities to review the impugned suspension order, 6 dated 22.05.2026 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: 09.09.2026 chs 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 78 WRIT PETITION No.18277 of 2026 Dated: 09.09.2026 chs