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Judgment
The present Writ Petition is filed questioning the suspension order issued vide Proceedings No.Estt-I(2)11/2026, dated 22.05.2026 by the Respondent No.2 against the Petitioner, as illegal and arbitrary.
The Petitioner is working as a Horticulture Officer in Kandukur Division, Prakasam District. While so, it is alleged by Respondent No.5 that, in connection with the valuation and acquisition of his mango orchards situated in Survey Nos.541 and 868 of Chevuru Village, Gudluru Mandal, Prakasam District, the Petitioner demanded a sum of Rs.12,00,000/- from Respondent No.5 and that he gave Rs.10,00,000/-to the Petitioner in pursuance of such demand. On the basis of the said complaint, the Petitioner was placed under suspension by Respondent No.2 vide Proceedings No.Estt-I(2)11/2026, dated 22.05.2026, under Rule 8(1) of the Andhra Pradesh Civil Services (CC&A) Rules, 1991. Questioning the impugned suspension order, the present Writ Petition has been filed.
Learned counsel for the Petitioner would submit that the impugned suspension order, dated 22.05.2026 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.
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.
Heard the respective counsel.
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.”
Therefore, the Writ Petition is disposed of, directing the Respondent-Authorities to review the impugned suspension order, dated 22.05.2026 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 standclosed.