Andhra Pradesh High Court

WP/25057/2026 of V. SIVA KUMAR Vs The State of Andhra Pradesh on 2 September 2026

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE 3rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 25057/2026 Between: V. Siva Kumar ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

APHC010457812026

IN THE HIGH COURT OF ANDHRA

PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

THURSDAY, THE 3rd DAY OF SEPTEMBER 2026

PRESENT

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO: 25057/2026

Between:

V. Siva Kumar

...PETITIONER

AND

The State Of Andhra Pradesh and Others

...RESPONDENT(S)

Counsel for the Petitioner:

1. G N UMA RANI

Counsel for the Respondent(S):

1. GP FOR SERVICES III

The Court made the following:

WRIT PETITION No.25057 of 2026

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ORDER:

1. The present Writ Petition is filed questioning the action of the Respondents in continuing the suspension order issued vide Proceedings dated 05.05.2025 against the Petitioner as illegal and arbitrary.

2. The Petitioner is working as Panchayat Secretary Grade- I, Vinjumuru Gram Panchayat, Vinjamuru Mandal, SPSR Nellore District. While so, the impugned order of suspension was issued under Rule 8(1) of Andhra Pradesh Civil Services (CCA) Rules, 1991, on the premise that there are certain allegations against the Petitioner.

3. Learned counsel for the Petitioner would submit that the impugned order, dated 05.05.2025 and the continuance of the order of suspension amounts to punishment. He further submits that the proposed charges against the Petitioner do not warrant to keep the Petitioner under suspension for such a long time. He further submitted that though the Petitioner was suspended from service on 09.05.2025, there is no progress in the departmental enquiry initiated against the Petitioner and keeping the Petitioner under suspension is unwarranted.

4. Learned Assistant Government Pleader would submit that disciplinary action is being initiated against the Petitioner and considering the charges that are proposed against the Petitioner, the order of suspension cannot be found fault with.

5. Heard the respective counsel.

6. G.O.Ms.No.22, dated 29.02.2024 wherein the Government after taking into consideration earlier G.Os. directed that orders of suspension should be reviewed every

(04) months and the outer limit of suspension was reduced to one year. The paragraph No.5 of the said G.O. is extracted below: “After careful examination of the matter, after reviewing the said G.Os., duly obtaining the advice of the Competent Authority and in modification of the orders issued in the G.Os.1st to 4th read above, Government hereby direct to reduce the outer limit of suspension of Government servant from two (2) years to one

(1) year from the date of suspension of the Government servant fixed in read with G.O.Ms.No.86, G.A. (Ser.C) Dept., dt.8.3.1994 read with G.O.Ms.No.526, G.A. (Ser.C) Dept., dt 19.8.2008 and G.O.Rt No.2285, G.A. (Ser.C) Dept., Dt.18.05.2012 for reinstatement of the Government servant under suspension, subject to all other conditionsstipulated therein and also direct to review the order of suspension against a Government servant both in ACB and Departmental Inquiries at the end of every four (4) months instead of six (6) months fixed in G.O.Ms.No.86, G A. (Ser.C) Dept., dt.8.3.1994.”

7. Therefore, the Writ Petition is disposed of, directing the Respondents to review the impugned suspension order, dated 05.05.2025 issued by the Respondent No.2 in terms of Paragraph No.5 of the above G.O. within a period of four (04)

weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY

Date: 03.09.2026

eha

WRIT PETITION NO: 25057/2026 Dt. 03.09.2026

eha

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