M Jagadeesh Vs The State of Andhra Pradesh

THE SUBDIVISIONAL POLICE OFFICER/DISTRICT POLICE OFFICER, O/0. THE DISTRICT POLICE OFFICE, NEAR OLD BUS STAND, A CAMP, KURNOOL, KURNOOL DISTRICT-518001.

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THE CIRCLE INSPECTOR OF POLICE, KODUMURU CIRCLE, KODUMURU, KURNOOL DISTRICT-518464.

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THE SUBINSPECTOR OF POLICE, KODUMURU POLICE STATION, KODUMURU, KURNOOL DISTRICT-518464.

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...RESPONDENT(S):

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The Court made the following ORDER:

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This 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 directions, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 3 to 6 in placing the petitioner under suspension by Proceedings PR.No.A6/PR-14/2025, D.O.No.750/2025, dated.20-09-2025 issued by the 3rd respondent without any notice or opportunity, the enquiry conducted behind the back of the petitioner and continuing him under suspension even after elapse of 6 months without enhancing subsistence allowance as per FR-53 and revoke petitioner suspension in terms of the G.O.Ms.No.22, dated.29-02-2024 issued by the Govt., of A.P GAD, extending his suspension without passing any reasoned orders which is illegal, arbitrary, unconstitutiona l, violation of principles of natural justice and violation of Articles 14, 16 and 21 of the Constitution of India and consequently setaside the same and direct the respondents to revoke the petitioner's suspension pending enquiry and pay the full salary continuously and pass such….”

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Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

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The case of the petitioner is that he was appointed as a Police Constable on 19.01.2012 and was initially posted at Adhoni I-Town Police Station, Kurnool District. Thereafter, he was transferred to Isvi Police Station on 31.05.2017 during general transfers and subsequently posted to Kodumuru Police Station on 19.07.2021. The 6^th respondent, by report dated 19.09.2025, alleged that while the petitioner was entrusted with the

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duty of identifying the owners of unclaimed two-wheelers for clearance, he colluded with one Sri B. Ramesh, and others to illegally dispose of the vehicles. Based on the said report and the statements of the alleged purchasers, disciplinary proceedings were initiated. The petitioner denied the allegations by submitting his defence on 20.09.2025; however, a preliminary enquiry was conducted without affording him any notice or opportunity, and thereafter a charge memo dated 18.11.2025 was issued. The petitioner further submitted a detailed explanation on 09.12.2025 refuting the charges. It is further submitted that the respondent No.3 placed the petitioner under suspension by proceedings dated 20.09.2025, without issuing any notice or affording an opportunity. The petitioner has been continued under suspension even after the lapse of six months, without enhancement of subsistence allowance as required under FR-53 and without revoking the suspension in terms of G.O.Ms.No.22 dated 29.02.2024 issued by the Government of Andhra Pradesh, GAD. Despite submitting representations dated 09.12.2025 and 21.01.2026 seeking revocation of suspension and enhancement of subsistence allowance, no action has been taken by the respondents. Hence, the writ petition.

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The learned Government Pleader for the respondents submitted that, in terms of G.O.Ms.No.22 dated 29.02.2024, the respondents would review the suspension of the petitioner and pass appropriate orders in accordance with law.

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5. Considering the submissions made and upon perusal of the material

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placed on record, this Court deems it appropriate to direct the respondents to consider the representations submitted by the petitioner seeking review of his suspension in accordance with G.O.Ms.No.22 dated 29.02.2024,

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and to pass appropriate orders thereon within a period of one (01) month from the date of receipt of a copy of this order.

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