Andhra Pradesh High Court
WP/21452/2026 of R Bhupathi rao Vs The state of Andhra Pradesh on 4 August 2026
for orders : -- Date of pronouncement : 05.08.2026 Date of uploading : 05.08.2026 APHC010393512026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE 5th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO:
Date of reserved for orders : --
Date of pronouncement : 05.08.2026
Date of uploading : 05.08.2026
APHC010393512026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY, THE 5th DAY OF AUGUST 2026
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 21452/2026
Between:
1. R BHUPATHI RAO, S /O SRINIVASA RAO, AGED ABOUT 45
YEARS, OCC OFFICE -SUBORDINATE, R/O RAJAM VILLAGE, RAJAM MANDAL, VIZIANAGARAM DISTRICT
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS
PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPT, SECRETARIAT
VELAGAPUDI, AMARAVATI GUNTUR DISTRICT.
2. THE VICE CHAIRMAN AND MANAGING DIRECTOR, AP STATE
CIVIL SUPPLIES CORPORATION LTD, D.NO.L0-152/1 4TH FLOOR
ASHOK-NAGAR, KANURU VIJAYAWADA KRISHNA DISTRICT
3. THE JOINT COLLECTOR CIVIL SUPPLIES, VIZIANAGARAM
DISTRICT
4. THE REVENUE DIVISIONAL OFFICER, CHIPURUPALLI-DIVISION, VIZIANAGARAM DISTRICT
5. THE
DY
TAHSILDAR
CIVIL
SUPPLIES,
RAJAM
MANDAL,
VIZIANAGARAM DISTRICT
6. SEETHANA SRINIVASA RAO, GODOWN IN-CHARGE, MLS POINT
RAJAM, AP CIVIL SUPPLIES CORPORATION LTD, VIZIANAGRAM
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 issue a writ order or Direction more particularly one in the nature of writ of Mandamus to declare the impugned proceedings of the 3rd respondent vide No.p.Admn.2/Misapp/Rajam 2025-26 Dt 23.04.2026 is highly illegal arbitrary violation of Articles 14 and 21 of the Constitution of and against the clause 5 of the AP PDS(Control) order 2008 and clause 20
(i) of the AP PDS(Control) order 2018 read with Sec 7 of essential Commodities Act and sec 20 (i) of the AP CCA rules and also violation of the principles of natural Justice consequently Set aside the impugned Proceedings of the 3rd Respondent vide No.p.Admn.2/Misapp/Rajam 2025- 26, Dt.23.04.2026.
IA NO: 1 OF 2026
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 suspend the impugned Proceedings of the 3rd Respondent vide No.p.Admn.2/Misapp/Rajam/2025-26 23.04.2026.
Counsel for the Petitioner:
1. TOTA TEJESWARA RAO
Counsel for the Respondent(S):
1. GP FOR SERVICES I
2. GP FOR SERVICES II
The Court made the following:
Whether the order is :
Speaking Yes/No / Reasoned Yes/No
Reportable Yes/No / Non-Reportable Yes/No
WRIT PETITION No.21452 of 2026
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ORDER:
1. The present Writ Petition is filed questioning the action of Respondent No.3 in issuing the impugned suspension order vide Progs.No.P.Admn.2/Misapp/Rajam/2025-26, dated 23.04.2026 and to declare the same as illegal and arbitrary.
2. The Petitioner is working as Office Subordinate at Rajam MLS Point under the control of Respondent No.6. While so, the Petitioner was suspended from service vide impugned proceedings as preliminary enquiry regarding misappropriation of PDS stocks at MLS Point, Rajam, Vizianagaram resulting in financial loss. The Petitioner was placed under suspension to facilitate fair enquiry vide impugned proceedings. As there is no necessity to keep the Petitioner under suspension, the Writ Petition is filed.
3. Learned Assistant Government Pleader appearing for the Respondents 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.
4. Heard the respective counsels.
5. In G.O.Ms.No.22, General Administration (Ser-C) Department, dated 29.02.2024, the Government after taking into consideration earlier G.Os, directed that orders of suspension should be reviewed every four (04) months and the outer limit of suspension was reduced to one (1) 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 conditions stipulated 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.”
6. Therefore, the Writ Petition is disposed of, with the following directions;
(i) The Respondents to review the impugned suspension Progs.No.P.Admn.2/Misapp/Rajam/2025-26, dated 23.04.2026
issued by Respondent No.3 in terms of Paragraph No.5 of the above G.O., within a period of four (4) weeks from the date of receipt of a copy of this order;
(ii) No order as to costs.
7. As a sequel, miscellaneous applications pending, if any, shall stand closed.
_______________________
JUSTICE NYAPATHY VIJAY Date: 05.08.2026
IS
WRIT PETITION No.21452 of 2026
Date: 05.08.2026
IS