Allowed

Shaik Shamsheer v. the State of Ap

Andhra Pradesh HC18 Apr 2023WP/4535/2023

Case brief

AI extract

What is this about?

A single judge allowed a writ petition seeking to quash a government suspension order. Relying on a previous Division Bench order, the court set aside the suspension proceedings, allowing the petitioner to make a representation within two weeks.

What did the court decide?

The impugned suspension proceedings dated 27.10.2021 are set aside. Petitioner directed to make a representation within two weeks.

Shaik Shamsheer Vs the State of Ap — Service and Employment | Andhra Pradesh HC (2023)

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION No.4535 OF 2023

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ORDER:-

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The present Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

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“to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the 3^rd respondent in passing the impugned proceedings of suspension vide its proceedings No. Cr.No.948/2021/CSEB/D1-2 dated 27.10.2021 until further orders is against the G.O.Ms.No.86 dated 08.03.1994 as well judgment of Hon’ble Apex Court in the case of Ajay Kumar Choudhary Vs Union of India is as illegal, arbitrary and violation of principles of natural justice and also Article 14, 19, 21 and 300-A of the Constitution of India and consequently set aside the impugned suspension orders of 3^rd respondent duly directing the respondents re-instate the petitioner into services with all consequential benefits and to pass such other order or orders may deem fit and proper in the circumstances of the case.”(in verbatim)

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Heard learned counsel for the petitioner and learned Government Pleader for Services-I appearing for the respondents.

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Learned counsel for the petitioner and the learned counsel for the respondents submits that the issue involved in this Writ Petition is squarely covered by the order dated 25.01.2023 passed by the Hon’ble Division Bench of this Court in W.P.No.17214 of 2021 and requested to pass a similar order in this Writ Petition also. The same is not disputed by learned counsel for the respondents.

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In view of the same, for the reasons alike in the aforesaid order, this Writ Petition is also allowed in terms of the order dated 25.01.2023 passed by this Court in W.P.No.17214 of 2021 by setting aside the impugned suspension proceedings dated 27.10.2021, leaving it open to the petitioner to make a representation to the 5^th respondent-Government within two (02) weeks from today as per G.O.Ms.No.86, GA(Ser-C) Department, dated 08.03.1994 and on such application, the 5^th respondent shall pass appropriate orders, in accordance with law, within a period of six (06) weeks thereafter. There shall be no order as to costs.

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