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K. Sheela Sowjanya v. The State of Andhra Pradesh

Andhra Pradesh HC9 Apr 2025WP/9610/2018

Case brief

AI extract

What is this about?

Andhra Pradesh High Court at Amaravati; W.P. No. 9610 of 2018; Article 226; writ of mandamus; dismissal from service; reinstatement; suspension treated as duty; Rule 20 APCS (CC and A) Rules 1991; Article 14 Constitution of India; 4th respondent; appellate order 22.02.2018; sentence of punishment modified in appeal 08.08.2022; writ petition disposed; liberty to challenge appellate order; no order as to costs; pending applications closed; Dr. Justice Venkata Jyothirmai Pratapa; decided 10.04.2025.

What did the court decide?

Writ petition disposed of without adjudication; petitioner granted liberty to challenge the appellate order dated 08.08.2022 modifying the sentence of punishment; no order as to costs; pending applications, if any, stand closed. ¶29

K. Sheela Sowjanya Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner's dismissal from service (order dated 23.08.2017) and the related appellate order dated 22.02.2018 were arbitrary, illegal, discriminatory and opposed to natural justice, contrary to Rule 20 of APCS (CC and A) Rules, 1991 and violative of Article 14 of the Constitution of India, entitling her to reinstatement with the suspension and out-of-employment period treated as duty.

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Court's answer

Recording the petitioner's counsel's submission that no further orders were required since the sentence of punishment was modified in the appeal vide order dated 08.08.2022, the Court disposed of the Writ Petition without adjudicating the challenge to the dismissal and appellate orders.

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Ratio / Principle

The petitioner was left at liberty to challenge the order in appeal modifying the sentence of punishment; no order as to costs was made, and pending applications, if any, stand closed.

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Detailed headnote1 paragraphs

K. Sheela Sowjanya v. The State Of Andhra Pradesh and Others — Writ Petition No. 9610 of 2018 (High Court of Andhra Pradesh at Amaravati, Dr. Justice Venkata Jyothirmai Pratapa, 10.04.2025). Filed under Article 226 of the Constitution of India seeking a writ of mandamus to declare the petitioner's dismissal from service by the 4th respondent (Rc.No.ZoneIV/P/063/2016, dated 23.08.2017) and the related appellate order (Rc.No. Disc.C/Z-IV/P/63 dated 2016, dated 22.02.2018) arbitrary, illegal, erroneous, discriminatory, opposed to the principles of natural justice, contrary to Rule 20 of APCS (CC and A) Rules, 1991 and violative of Article 14 of the Constitution of India, and to reinstate her with the suspension and out-of-employment period treated as duty. At hearing, counsel for the petitioner submitted that no further orders were required since the sentence of punishment had been modified in appeal vide order dated 08.08.2022. Recording this, the Court disposed of the writ petition, left the petitioner at liberty to challenge the appellate order modifying the sentence, made no order as to costs, and closed pending applications.

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APHC010219152018

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

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[3396]

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THURSDAY ,THE TENTH 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: 9610/2018

Between:

K. Sheela Sowjanya

...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.V RAVICHANDRAN

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Counsel for the Respondent(S):

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1.V V SATISH

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The Court made the following:

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 9610 of 2018

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ORDER:

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This Writ Petition is filed under Article 226 of Constitution of India with

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the following prayer for:

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“…to issue a writ order or a direction more particularly one in nature of Writ of Mandamus by declaring the action of the 4th respondent in dismissing the petitioner from service vide impugned order issued in Rc.No.ZoneIV/P/063/2016 dated 23.08.2017 and the related appellate order of the 4th respondent issued in Rc.No. Disc.C/Z-IV/P/63 dated 2016 dated 22.02.2018 as being arbitrary, illegal, erroneous, discriminatory, opposed to the Principles of natural justice contrary to the provisions of Rule 20 of APCS (CC and A) Rules, 1991 and in violation of the provisions of Article 14 of the Constitution of India and further be pleased to hold that the petitioner entitled to be reinstated into duty with benefits incidental thereto duly treating the suspension and out of employment period as on duty for all purposes in the interest of justice and to pass…”

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When the matter is taken up for hearing, Sri V.Ravichandran, learned

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Counsel for the Petitioner would submit that no further orders are required in this matter, since the sentence of punishment was modified in the appeal vide order dated 08.08.2022 and the petition may be disposed of.

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Learned Assistant Government Pleader for Social Welfare is in attendance.

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Recording the same, the Writ Petition is disposed of. However, the petitioner is at liberty to challenge the order in appeal modifying the sentence of punishment. No order as to Costs.

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Pending applications, if any, shall stand closed.

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____________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J

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Date: 10.04.2025 UPS

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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA

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