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A. Vijayalakshmi v. The State of Andhra Pradesh

Service law – Departmental punishment

Andhra Pradesh HC27 Apr 2025WP/11721/2019

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What is this about?

Andhra Pradesh High Court, Amaravati; Writ Petition No. 11721 of 2019; A. Vijayalakshmi v. State of Andhra Pradesh and Others; Dr Justice Venkata Jyothirmai Pratapa; decided 28.04.2025; departmental punishment; reduction of one increment with cumulative effect; RC.No.2425-B2/2018 dated 30.07.2019; District Educational Officer Kakinada; interim order dated 21.08.2019 made absolute; Section 494 IPC; CC No.335 of 2018; dismissal from service 10.03.2022; CA No.6 of 2022 appeal allowed; Article 226; Articles 14, 16; Section 151 CPC; no costs; pending applications closed.

What did the court decide?

Interim order dated 21.08.2019 suspending the impugned punishment order made absolute; no order as to costs; pending applications, if any, closed. ¶¶43

A. Vijayalakshmi Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

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

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MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE \

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

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WRIT PETITION NO: 11721 OF 2019

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Between:

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A. Vijayalakshmi, D/o. Sri. Late Surya Rao, aged about 37 years, Occ School Assistant (BS), ZPP High School, Kathipudi Sankhavarm Mandal, E.G. District, R/o. H. No. 3-43/, Rajugari Street, Prathipadu, E.G. District - 533432.A.P.

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...Petitioner

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AND

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The State of Andhra Pradesh, Represented by its Principal Secretary, Department of School Education, Secretariat, Velagapudi, Amaravathi, A.P.

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The Commissioner and Director of School Education, Ibrahimpatanam Krishna District, A.P.

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The District Collector, Kakinada, East Godavari District, A.P.

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The District Educational Officer, Kakinada, East Godavari District, A.P.

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The Headmaster, ZPP High School, Kathipudi, Sankhavarm Mandal, East Godavari District.

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Smt. Are. Anuradha, W/o. Ch. Sathish, Aged about 40 years, R/o. Opp to JMJ College, Gurukurpa Apartments, Tenali Town, Guntur District A.P.

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...Respondents

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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 to issue Writ or direction more particularly one^{inthenatureof} Writ of Certeroria by calling for the records pertaining to the impunged order in RC. No. 2425-B2/2018 dated. 30.07.2019 passed by the 4th

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. Respondent and to set aside the same as illegal, arbitrary, Article 14, 16 artG^ j1 of Constitution of India

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lA NO: 1 OF 2019

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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 to suspend the impunged order vide RC. No. 2425-B2/2018 dated. 30.07.2019, pending disposal of the Writ Petition

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Counsel for the Petitioner: SRI G R SUDHAKAR

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Counsel for the Respondents No.1 to 4: GP FOR SERVICES II (AP)

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Counsel for the Respondent No.6: SRI T V JAGGI REDDY

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The Court made the following: Order

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APHC010260462019

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3396]

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(Special Original Jurisdiction)

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MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 11721/7010 Between: A. Vijayalakshmi

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■ ■■ PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: ...RESPONDENT(S) l.G RSUDHAKAR Counsel for the Respondent(S): l.GP FOR SCHOOL EDUCATION lAP) 2.TVJAGGI REDDY

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The Court made the following: ORDER:

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The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief:

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"... to issue Writ or direction more particularly one in the nature of Writ RC NolS^ni^ to the impugned o?Lm^ to^'set'^a<.^S 30 07.2019 passed by the 4^^^ Respondent^and of Constitudon Of India™' '' '' '

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Heard learned counsel for the Petitioner and learned Assistant Government Pleader for Services-II appearing for respondents. Perused the material on record.

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Learned counsel for the Petitioner would submit that as per the Written Instructions dated 26.04.2024 received from the respondent No.4/District Educational Officer, Kakinada, punishment orders issued by its office against the Petitioner is not in force due to the subsequent developments. Learned counsel

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would further submit that by virtue of the interim order passed by this Court on 21.08.2019, the impugned order of reduction of one increment with cumulative effect is suspended. Learned counsel submits that the writ petition may be disposed of making the interim order as absolute.

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It is a case where the Petitioner is working as School Assistant in ZPP High School, Kathipudi. It is alleged against her that she got married a person during subsistence of his first marriage with his wife. A charge under Section 494 IPC has been framed against her which is the subject matter of CC No.335 of 2018 on the file of the Court of I Additional Judicial First Class Magistrate, Tenali and it was ended in conviction. Pursuant to the conviction. Petitioner was dismissed from service on 10.03.2022. Thereafter, she preferred an appeal vide CA No.6 of 2022 on the file of the Court XI Additional District and Sessions Judge, Tenali and the same was allowed. Without having knowledge about the individual having a wife, she was in contact with him.

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Learned counsel for respondent No.6 would submit that Respondent No.6 is the de facto complainant in CC No.335 of 2018. In the light of the Written Instructions dated 26.04.2025 received from respondent No.4/ District Educational Officer the Writ Petition may be disposed^of.

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