Kalingiri Santhi Vs the State of Andhra Pradesh

KALINGIRI SANTHI, D/O.SUBBARAYUDU AGED 37 YEARS, OCC. ASSISTANT COMMISSIONER, (UNDER ORDER OF SUSPENSION) R/O.D.NO. 3-67, PENKUTILLU, NEAR VETERINARY HOSPITAL, TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY ENDOWMENTS DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, ANDHRA PRADESH -522238

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THE COMMISSIONER, ENDOWMENTS DEPARTMENT, A.P., GOLLAPUDI, VIJAYAWADA, N.T.R. DISTRICT-521225

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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 a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the 2nd Respondent in continuing the petitioner under

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suspension beyond stipulated period of one year prescribed in G.O.Ms.No.22 General Administration (SER-C) Department dated 29-02-2024 without being any valid reason is illegal, arbitrary, unjust and violative of Article 14 and 16 of the Constitution of India and consequently set aside the proceedings vide Rc.No. VI/20026/11/2024-I dated 02-07-2024 of the 2nd respondent by directing the respondents to reinstate the petitioner in to service with all consequential benefits and pass

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IA NO: 1 OF 2026

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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 direct the respondents to reinstate the petitioner in to service by suspending the proceedings in Rc. No. VI/20026/11/2024-I dated 02-07-2024 of the 2nd respondent, pending disposal of the above writ petition and pass

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Counsel for the Petitioner:

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1.KAVITHA GOTTIPATI

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Counsel for the Respondent(S):

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1.GP FOR SERVICES II

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The Court made the following:

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ORDER:

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This Writ Petition is filed under Article 226 of the Constitution

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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 2^nd respondent in continuing the petitioner under suspension beyond

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stipulated period of one year prescribed in G.O.Ms.No.22 General Administration (Ser-C) Department dated 29.02.2024 without being any valid reason is illegal, arbitrary, un-constitutional, violation of principles of natural justice and violation of Articles 14, 16 and 21 of the Constitution of India and consequently set-aside 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 she was appointed as Assistant Commissioner vide proceedings dated 10.01.2020 by the 2^nd respondent and the petitioner has joined in the service on 24.04.2020 in Visakhapatnam and worked up to 30.06.2022 and thereafter she was transferred to N.T.R District and posted as Assistant Commissioner-cum-District Endowments Officer and joined duty on 01.07.2022. While working so, the 2^nd respondent has placed the petitioner under suspension pending enquiry and also issued an articles of charge vide proceedings dated 02.07.2024 basing on the report submitted by the Regional Joint Commissioner of Endowments, Rajamahendravaram vide proceedings dated

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28.06.2024. The petitioner submitted her explanation on 23.09.2024. The petitioner stated that the disciplinary proceedings which were initiated against her were not yet finalized. The petitioner submitted her representation on 07.07.2025 and requested the 2^nd respondent to reinstate her into service, but the 2^nd respondent did not consider the representation of the petitioner, despite the suspension period has already exceeded more than one year. 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 on the representations of the petitioner in accordance with law.

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Considering the submissions made and upon perusal of the material placed on record, this Court deems it appropriate to direct the respondents to consider the representations submitted by the petitioner seeking review of her suspension in accordance with G.O.Ms.No.22 dated 29.02.2024, 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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