Kollati Swamy v. The State Of Andhra Pradesh

the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ. Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of 3 Respondents passed No. SE/IC/Elr/AB/EC.2/E.CF/62378 dated. 31.01.2024 by placing the petitioner under suspension and continuing in spite of petitioner's several personal approaches as illegal and arbitrary and in violation of principles of natural Proceedings Suspension impugned justice and in contravention of Article 14, 16 and 21 of the Constitution of India and also contrary to the Service Rules and consequently direct the Respondents to reinstate the petitioner into the service as Junior Assistant with all consequential benefits. lA NO: 1 OF 2024 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 reinstate the petitioner into the service as Junior Assistant by duly Suspending the impugned proceedings vide. Proceedings No. SE/IC/Elr/AB/EC.2/E.CF/62378 dated.

31.01.2024 pending disposal of the above writ petition and to pass Counsel for the Petitioner :SRI. SHAIK MEERAVALI Counsel for the Respondent No’s. 1 to 4: SRI R.S. MANIDHAR PINGALI, AGP FOR SERVICES The Court made the following ORDER: % APHC010464722024 0M0 . IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 23976/2024 Between:

1.KOLLAT1 SWAMY, S/0. K. EDUKONDALU, AGED ABOUT 30 YEARS, OCC JUNIOR ASSISTANT (UNDER SUSPENSION) 0/0. EXECUTIVE KAKINADA ENGINEER, DISTRICT RESIDENT OF D.NO. 7-320, AVANTI NAGAR, III APSP KAKINADA, DRAINAGE DIVISION, KAKINADA, KAKINADA DISTRICT. ...PETITIONER AND

1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT WATER RESOURCE DEPARTMENT, SECRETARIAT BUILDINGS, VELGAPUDI, GUNTUR DISTRICT.

2.THE ENGINEERINCHIEF, ADMINISTRATION WATER RESOURCES DEPARTMENT, VIJAYAWADA, NTR DISTRICT

3.THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, ELURU, ELURU DISTRICT.

4.THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, KAKINDADA DISTRICT. ...RESPONDENT(S); 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 pleased to issue a writ. Order or direction more particularly one in declaring the action of 3 Respondents the nature of Writ of Mandamus No. pdssed Proceedings Suspension impugned i} SE/IC/Elr/AB/EC.2/E.CF/62378 dated. 31.01.2024 by placing the petitioner under suspension and continuing in spite of petitioner's several personal approaches as illegal and arbitrary and in violation of principles of natural justice and in contravention of Article 14, 16 and 21 of the Constitution of India and also Respondents to reinstate the petitioner into the service as Junior Assistant with all consequential benefits and to pass consequently direct contrary Service Rules lA NO: 1 OF 2024 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 reinstate the petitioner into the service as Junior Assistant by duly suspending No. SE/IC/Elr/AB/EC.2/E.CF/62378 dated. 31.01.2024 forth with pending disposal of the above writ petition and to pass proceedings Proceedings impugned vide. Counsel for the Petitioner:

1.SHAIK MEERAVALI Counsel for the Respondent(S):

1.GP FOR SERVICES The Court made the following: ::ORDER:: Heard Sri Shaik Meeravali, learned counsel for the petitioner, and Sri R.S. Manidhar Pingali, learned Assistant Government Pleader for Services for respondents 1 to 4.

#2. The petitioner. Junior Assistant, Office of the Executive Engineer, placed under suspension, the above writ petition assailing proceedings No.SE/IC/Elr/AB/EC.2/E.CF/62378, dated 31.01.2024.

#3. At the hearing, learned counsel for the petitioner would submit that though the petitioner was suspended on 31.01.2024, the suspension is not reviewed Department, dated 29.02.2024. of G.O.Ms.No.22 General Administration (SER-C)

#4. Learned counsel for the petitioner at the hearing confined his arguments and urged this Court to direct the respondents to review the suspension in terms of G.O.Ms.No.22, dated 29.02.2024.

#5. Learned Assistant Government Pleader for Services did not refute the submission of learned counsel for the petitioner.

#6. Given the facts and circumstances of the case, without going into the merits of the matter, the Writ Petition is disposed of, at the admission stage, with the consent of both the learned counsel directing the 3'''^ respondent to review the suspension for the petitioner in terms of G.O.Ms.No.22 General Administration (SER-C) Department, dated 29.02.2024 and pass appropriate orders within three (03) weeks from the date of receipt of the copy of the order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand dismissed. //TRUE COPY// Sd/- N. NAGAMMA assistant registrar SECTION FICER To,

#1. The Principal Secretary, Irrigation Department, State Of AP, Secretariat District. Department Buildings, Velgapudi, Water Resource Guntur

#2. The Engineer-in-Chief, Administration Water Resources Department, Vijayawada, NTR District

#3. The Superintending Engineer, Irrigation Circle, Eluru, Eluru District. 4. The Executive Engineer, Drainage Division, Kakindada District. 5. OneCCto SRI. SHAIK MEERAVALl, Advocate [OPUC]

#6. Two CCs to GP FOR SERVICES, High Court Of Andhra Pradesh. [OUT]

#7. Three CD Copies PRK HIGH COURT DATED:23/10/2024 ORDER WP.No.23976 of 2024 ANOS^ 16 NOV 20?‘| O . Curreni Secuon , SSSs^^SPATCVA^^^ f DISPOSING OF THE WP, WITHOUT COSTS