Disposed¶34

Ch v. v N Murthy v the State of Ap

Andhra Pradesh HC1 Jul 2026WP/4369/2023

Case brief

AI extract

What is this about?

Suspension of municipal Manager; writ of mandamus; Article 226; Articles 14, 16, 21; CCA Rules 1991; Roc.No.52956/2023/C1 dated 14.02.2023; interim order dated 22.02.2023 modified; reinstatement and continuance in service; liberty to conclude departmental enquiry; continuation subject to enquiry outcome; no counter-affidavit; Writ Petition No. 4369/2023; Municipal Corporation Eluru; State of AP; APHC010086512023; disposed with no costs.

What did the court decide?

Writ petition disposed of by modifying the interim order dated 22.02.2023 to continue the petitioner in service; respondents granted liberty to proceed with and conclude any pending enquiry, with continuation in service subject to its outcome; no order as to costs; pending interlocutory applications closed. ¶34

Ch v v N Murthy Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the suspension of the petitioner as Manager, Municipal Corporation, Eluru, by proceedings Roc.No.52956/2023/C1 dated 14.02.2023 was illegal, arbitrary, unjust, contrary to the CCA Rules, 1991 and violative of Articles 14, 16 and 21 of the Constitution of India, warranting quashing and reinstatement with consequential benefits. +1 more

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Ratio / Principle

The interim order dated 22.02.2023 is modified, continuing the petitioner in service.

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Key takeaways

The respondent authorities are at liberty to proceed with any enquiry pending against the petitioner and conclude the same.ratio¶33
Continuation of the petitioner in service pursuant to the interim order shall be subject to the outcome of the said enquiry.ratio¶33
As a sequel to disposal, all interlocutory applications, if any, pending in the writ petition stand closed.ratio

Detailed headnote1 paragraphs

Andhra Pradesh High Court (Balaji Medamalli, J.) disposed of a writ petition under Article 226 by CH V V N Murthy, Manager, Municipal Corporation, Eluru, challenging his suspension vide Roc.No.52956/2023/C1 dated 14.02.2023 passed by the 2nd respondent allegedly based on a news item without enquiry, as contrary to the CCA Rules, 1991 and violative of Articles 14, 16 and 21 of the Constitution of India. Interim suspension of the impugned proceedings had been granted on 22.02.2023, pursuant to which the petitioner was reinstated; no counter-affidavit or vacate-stay application was filed by the respondents. The Court modified the interim order dated 22.02.2023 to continue the petitioner in service, granted the respondents liberty to proceed with and conclude any pending enquiry, made continuation in service subject to the outcome of that enquiry, and disposed of the writ petition with no order as to costs, closing all pending interlocutory applications. Marked Speaking: Yes; Reportable: No.

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Date of reserved for orders : --Date of pronouncement : 02.07.2026 Date of uploading :

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APHC010086512023 IN THE HIGH COURT OF ANDHRA PRADESH [3573] AT AMARAVATI (Special Original Jurisdiction)

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THURSDAY, THE 2^nd DAY OF JULY 2026

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PRESENT

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THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI

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WRIT PETITION NO: 4369/2023

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Between:

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CH V V N MURTHY, S/O.CH.V.S.SREE RAMACHANDRA MURTHY, AGED ABOUT 58 YEARS, R/O. D.NO.4-5-3A, KASIBHATLA VARI STREET, NEAR AMBICA THEATRE, ELURU, ELURU DISTRICT.

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...PETITIONER

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AND

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THE STATE OF AP, REPRESENTED BY ITS SECRETARY, MUNICIPAL ADMN. AND DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR.

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MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, ELURU, ELURU DISTRICT.

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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 topleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus the proceedings in Roc.52956/2023/C1, dated 14-02-2023 of the 2nd Respondent suspended the Petitioner as Manager, Municipal Corporation, Eluru basing on the news item without conducting enquiry and following the procedure and without jurisdiction is illegal, arbitrary, unjust and contrary to the CCA Rules, 1991 and in violative of Art.14, 16 and 21 of Constitution of India and set aside the same and consequently direct the Respondents to reinstate the petitioner into service as Manager in the Respondent's Corporation with all consequential benefits and pass and to pass

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IA NO: 1 OF 2023

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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 pleased to suspend proceedings in Roc.52956/2023/C1, dated 14-02-2023 of the 2nd Respondent and direct the Respondents to reinstate the petitioner into service as Manager in the Respondent's Corporation pending disposal of the above writ petition and to pass

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Counsel for the Petitioner:

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1.PAVULURI SREENIVASULU

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Counsel for the Respondent(S):

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1.GP FOR SERVICES IV

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The Court made the following:

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ORDER:

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The writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

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“…to issue a writ, order, or direction, more particularly one in the nature of a writ of mandamus, declaring the proceedings in Roc.No.52956/2023/C1, dated 14.02.2023 of the 2nd respondent, whereby the petitioner was suspended as Manager, Municipal Corporation, Eluru, as illegal, arbitrary, unjust, and contrary to the CCA Rules, 1991 and violative of Articles 14, 16, and 21 of the Constitution of India, and to set aside the same; and consequently to direct the respondents to reinstate the petitioner into service as Manager in the respondent Corporation with all consequential benefits and pass appropriate orders…”

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Heard the learned counsel representing Sri Pavuluri Sreenivasulu, learned counsel for the petitioner, appearing virtually online, and the learned Assistant Government Pleader for Services-IV appearing on behalf of the respondents.

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On 22.02.2023, this Court granted interim suspension of the operation of the impugned proceedings vide Roc.No.52956/ 2023/C1, dated 14.02.2023, whereby the suspension order of the petitioner was stayed.

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The learned counsel representing the petitioner submits that pursuant to the interim directions of this Court, the petitioner was reinstated into service and is continuing in service.

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No counter-affidavit has been filed by the respondents.

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As the interim order suspending the impugned proceedings was granted on 22.02.2023, and in view of the same, no further steps could be taken by the respondents, and since no counter-affidavit or vacate stay application has been filed by the respondents, the interim order dated 22.02.2023 is modified continuing the petition in service.

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Further, the respondent authorities are at liberty to proceed with the enquiry, if any, pending against the petitioner and conclude the same. Continuation of the petition pursuant to the interim order shall be subject to the outcome of the said enquiry.

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