Dismissed¶39

T v. Subba Rao v The State of Andhra Pradesh

Andhra Pradesh HC21 Dec 2025WP/34710/2025

Case brief

AI extract

What is this about?

withdrawal of writ petition with liberty to file fresh petition with additional facts; second domestic enquiry; DCCB Eluru; District Cooperative Central Bank; first domestic inquiry report not set aside; AP Cooperative Societies Act 1964; Article 226 Constitution of India; Section 151 CPC stay application; T V Subba Rao; State of Andhra Pradesh cooperative department; Nyapathy Vijay J; Andhra Pradesh High Court Amaravati; 22-12-2025; dismissed as withdrawn; no order as to costs; miscellaneous petitions closed.

What did the court decide?

Writ petition dismissed as withdrawn with liberty to the petitioner to file a fresh petition with additional facts; no order as to costs; miscellaneous petitions, if any, stand closed. ¶39

T v Subba Rao Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Writ petition dismissed as withdrawn with liberty to the petitioner to file a fresh petition with additional facts; no order as to costs; miscellaneous petitions, if any, stand closed.

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Issue for consideration

Whether the respondents' initiation of a second domestic enquiry against the petitioner vide proceedings Rc.No./Legal/2025-26 dated 13-10-2025, after this Court had allowed the batch of Writ Petitions Nos. 15893, 18558, 23177 and 23264 of 2023 and without setting aside the first domestic enquiry report, was illegal, arbitrary, discriminatory and without jurisdiction (raised by the petitioner; not adjudicated, as the petition was withdrawn).

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Ratio / Principle

Permission accorded to the petitioner's counsel to withdraw the writ petition with liberty to file a fresh petition with additional facts.

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Key takeaways

The Writ Petition is dismissed as withdrawn with a liberty to the petitioner to file a fresh petition with additional facts.ratio¶38
As a sequel to the dismissal as withdrawn, the miscellaneous petitions, if any, stand closed.ratio¶40

Detailed headnote1 paragraphs

W.P. No. 34710 of 2025 (T V Subba Rao v. State of Andhra Pradesh and others), High Court of Andhra Pradesh at Amaravati, decided 22.12.2025 by Nyapathy Vijay, J.: The petitioner, a retired employee, filed the writ petition under Article 226 alleging that the respondents' initiation of a second domestic enquiry against him by the 6th respondent (General Manager, DCCB Ltd., Eluru) vide Rc.No./Legal/2025-26 dated 13-10-2025 — after this Court had allowed W.P. Nos. 15893, 18558, 23177 and 23264 of 2023 by orders dated 27-03-2024 and without setting aside the first domestic enquiry report — was illegal, arbitrary and without jurisdiction; IA No. 1 of 2025 under Section 151 CPC sought a stay of those proceedings. At the hearing, the petitioner's counsel sought permission to withdraw the petition with liberty to file a fresh petition with additional facts; permission was accorded and the writ petition was dismissed as withdrawn with such liberty, with no order as to costs; miscellaneous petitions, if any, were ordered closed. No substantive view was taken on the domestic-enquiry grievance.

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[3460]

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APHC010672262025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 34710/2025

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Between:

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T V SUBBA RAO, S/O. RAMA SASTRY AGED 63 YEARS, OCC. RETD SERVICE R/O. R/OD NO 5119/1, ATTILI VILLAGE AND MANDAL WEST GODAVARI DISTRICT.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, COOPERATIVE DEPARTMENT, SECRETARAIT, VELAGAPUDI, GUNTUR DISTRICT.

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THE COMMISSIONER OF COOPERATION AND REGISTRAR OF COOPERATIVE SOCIETIES, HAVING ITS OFFICE AT D NO. 2-16-83, SKY LARK TOWERS, 11TH LANE, SYAMALA NAGAR, GUNTUR.

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THE DISTRICT COOPERATIVE CENTRAL BANK LTD, ELURU DISTRICT AT ELURU, REP. BY ITS CHIEF EXECUTIVE OFFICER. HAVING ITS OFFICE AT PANUGANTI VARI STREET, R R PET, ELURU, ELURU DISTRICT

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THE DISTRICT COOPERATIVE CENTRAL BANK LTD, ELURU REPRESENTED BY ITS OFFICIAL PERSON INCHARGE COMMITTEE, HAVING ITS OFFICE AT PANUGANTI VARI STREET, R R PET, ELURU

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THE DOMESTIC ENQUIRY OFFICER, DCCB, ELURU, SRI G. SANKAR NARAYANA AGM, ELURU, ELURU DISTRICT

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THE GENERAL MANAGER, THE DCCB LTD, ELURU, ELURU DISTRICT

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THE DISTRICT COOPERATIVE OFFICER, ELURU, ELURU DISTRICT

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THE DEPUTY REGISTRAR/INQUIRY OFFICER, DCCB LTD ELURU

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...RESPONDENT(S):

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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 any appropriate Writ, order or direction more particularly one in the nature of Writ of Mandumus, by declaring the action of the respondents initiating 2nd Domestic enquiry by the 6th respondent vide proceedings bearing Rc.No./Legal/2025-26 dated 13-10- 2025 even after this Honourable Court allowing the batch of Writ Petitions i.e., WP No. 15893, 18558, 23177 and 23264 of 2023 by orders dated 27-03- 2024 and without set aside the 1st domestic inquiry report submitted by 1st domestic inquiry officer is illegal, arbitrary, discriminative, without jurisdiction and contrary to the principles of natural justice and contrary to the staff service regulations and the provisions of the AP Cooperative Societies Act, 1964 and the rules made there in so far as the petitioner in the interest of Justice and pass

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IA NO: 1 OF 2025

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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 stay all further proceedings in respect of proceedings of 6th respondent in Rc.No./Legal/2025-26 dated 13-10-2025 pending disposal of above Writ Petition and pass

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Counsel for the Petitioner:

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