Disposed

Budumuru Eswara Rao v. the State of Andhra Pradesh

Andhra Pradesh HC19 Jul 2024WP/13700/2024

Case brief

AI extract

What is this about?

Single judge disposed of a writ petition challenging the petitioner's suspension. The court observed that though no charge memo was issued at the time of filing, it was later served and the petitioner filed a defence. The court directed the third respondent to complete the inquiry according to the relevant Government Order.

What did the court decide?

Writ petition disposed; directed 3rd respondent to complete inquiry as per G.O.Ms.No.91 dated 12.09.2022.

Budumuru Eswara Rao Vs the State of Andhra… — Service and Employment | Andhra Pradesh HC (2024)

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ANDHRA PRADESH :: AMARAVATI IN THE HIGH COURT OF (Special Original Jurisdiction)

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SATURDAY, THE TWENTIETH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI ,

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WRIT PETITION NO: 13700 OF 2024

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Between:

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Late Krishna Murty, Aged about 58 years, Budumuru Eswara Rao, S/o N0.9-l-165/2a, Chandrayya peta, Sri Occ-Head Master (Grade-ll), R/o D Venkayyaswami Nagar, Amadavalasa, Srikakulam ...PETITIONER AND

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...PETITIONER

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Education Department, Secretariat

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1. The Principal Secretary, School Buildings, Velagapudi, Guntur District, A.P.

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The Commissioner of School Education, Andhra Pradesh at Amaravah.

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The Regional Joint Director of School Education, Zone-I, Visakhapatnam. Visakhapatnam District.

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The District Educational Officer, Srikakulam District, Srikakulam.

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Educational Officer, Srikakulam District, Srikakulam. 5. The Deputy ...RESPONDENTS

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the Constitution of India praying that in Petition under Article 226 of affidavit filed therewith, the High Court may the circumstances stated in the

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be pleased to issue Writ order or direction more particularly^one in the nature of Writ of Mandamus challenging the proceedings^{videNo.FileNo.} *>■ ^2/2624-RJD-VSP-CSE dated 06-06-2024 passed by the 3rd violation of rd: fent suspending the petitioner as illegal, arbitrary^and Rule 8.(Clause 1 and 2) of A.P. Civil Service (Classification,^Controland Appeal) Rules, 1991 and violation of Article 14, 21^{and300-AofConstitution} of India and consequently set aside the same further directing the respondents to re-instate the petitioner into service^forthwith.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition,^{theHighCourtmaybe} pleased to suspend the impugned proceedings vide No. File No. RJDSE/32/2024-RJD-VSP-CSE dated 06-06-2024 subject^{tooutcomeofthe} Writ Petition.

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Counsel for the Petitioner: SRI. HARINATH REDDY SOMA

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Counsel for the Respondents: GP FOR SERVICES III

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The Court made the following: ORDER

C I

APHC010273222024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3331]

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' SATURDAY, THE TWENTIETH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 13700/2024

Between:

Budumuru Eswara Rao

...PETITIONER

AND

The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.HARINATH REDDY SOMA

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Counsel for the Respondent(S):

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1.GP FOR SERVICES III

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The Court made the following:

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ORDER

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The Writ Petition is filed impugning the proceedings of the 3 rd respondent vide File No.RJDSE/32/2024-RJD-VSP-CSE dated 06.06.2024, whereby the petitioner was suspended as^{perRule8ofthe} Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991.

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Page 2 of 2

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Heard Sri A.Sreeram, learned counsel representing Sri Harinath Reddy Soma, learned counsel for petitioner and Smt.Hemalatha,^learned Assistant Government Pleader for Services-lll for respondents 1 to 5.

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Learned counsel for the petitioner would submit that though the petitioner was suspended on 06.06.2024 neither a charge memo was issued nor the authorities are proceedings with the inquiry.

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Per contra, learned Assistant Government Pleader for^Services-lll would submit that Articles of Charge were served on 11.07.2024, however, the petitioner refused to receive the same. Later, the articles of charge were served on the petitioner on 18.07.2024 and the petitioner also submitted his written defence on 19.07.2024.

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Given the facts and circumstances, since the petitioner^submitted his defence/written statement, the Writ Petition is disposed of directing the 3 rd respondent to complete the inquiry in terms of G.O.Ms.No.91 General Administration (SER.C) Department dated 12.09.2022.^Nocosts. As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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SD/-P. VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY//

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SECTION OFFICER

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To,

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The Principal Secretary School Education Department, Secretariat Buildings, Velagapudi, Guntur District, A.P.

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The Commissionerof School Education, Andhra Pradesh^atAmaravati.

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The Regional Joint Director of School Education, Zone-1, Visakhapatnam. Visakhapatnam District.

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The District Educational Officer, Srikakulam District, Srikakulam.

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The Deputy Educational Officer, Srikakulam District, Srikakulam.

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One CC to SRI. HARINATH REDDY SOMA Advocate [OPUC]

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Two CCs to GP FOR SERVICES III, High Court Of Andhra Pradesh. [OUT]

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Three CD Copies

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HIGH COURT

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M, ,r 7

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DATED: 20/07/2024

( I

ORDER

WP.No.13700 of 2024

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g 0 3 DEC 20?^
^ . Current Section ^ ^A’
Pat C

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DISPOSING THE WP WITHOUT COSTS

Budumuru Eswara Rao v. the State of Andhra Pradesh

Case brief

What is this about?

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Budumuru Eswara Rao v. the State of Andhra Pradesh

Case brief

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