Andhra Pradesh High Court - Amravati
Bandreddi Sai Sri vs The State Of Andhra Pradesh on 13 March, 2026
Author: D Ramesh
Bench: D Ramesh
APHC010128812026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3208]
(Special Original Jurisdiction)
FRIDAY,THE THIRTEENTH DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 7094/2026
Between:
1. BANDREDDI SAI SRI, S/O. B. PUMA CHANDRA RAO AGED 46
YEARS, OCC.MANDAL AGRICULTURE OFFICER (U/S)
A.KONDURU MANDAL, A.KONDURU, N.T.R. DISTRICT ANDHRA
PRADESH.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL
SECRETARY AGRICULTURAL AND COOPERATIVE
DEPARTMENT A.P.SECRETARIAT, VELAGAPUDI AMARAVATI,
GUNTUR DISTRICT - 522238
2. THE DIRECTOR OF AGRICULTURE, O/O COMMISSIONER AND
DIRECTOR OF AGRICULTURE, ANDHRA PRADESH, GUNTUR,
GUNTUR DISTRICT -522004
3. THE DISTRICT AGRICULTURAL OFFICER, NTR DISTRICT,
VIJAYAWADA, ANDHRA PRADESH 520010
...RESPONDENT(S):
The Court made the following ORDER:
1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
"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 issuing proceedings vide Rc.No.AGC02- 32026(32)/8/2025-VIG-AGRHOD dated 31- 08-2025 wherein suspended the petitioner from service under Rule 8 Sub Rule (1) of APCS (CC and A) Rules, 1991 and continuing under suspension without reviewing in terms of GO Ms. No. 22 General Administration (Ser.C) Department dated 29-02-2024 despite 6 months period has elapsed and in not paying the eligible subsistence allowance in terms of FR 53 (i) is illegal, arbitrary, unjust and violative of Art.14 and 16 of the Constitution of India and consequently set aside the proceedings vide Rc.No.AGC02- 32026(32)/8/2025-VIG-AGRHOD dated 31- 08-2025 of the 2nd respondent by directing the respondents to reinstate the petitioner in to service with all consequential benefits and further direct the 2nd respondent to pay the eligible subsistence allowance of 75 percent in terms of FR 53 (i), and pass...."
2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.
3. The contention of the petitioner is that the action of the 2nd respondent in issuing proceedings vide Rc.No.AGC02-32026(32)/8/2025- VIG-AGRHOD, dated 31.08.2025, suspending the petitioner from service under Rule 8(1) of the APCS (CC&A) Rules, 1991, and continuing the petitioner under suspension without reviewing the same in terms of G.O.Ms.No.22, General Administration (Ser.C) Department, dated 29.02.2024, despite the lapse of six months, and in not paying the eligible subsistence allowance in terms of FR 53(i), is illegal and arbitrary.
4. Though the petitioner has raised certain factual disputes with regard to the issuance of the charge memo and the list of witnesses accompanying the charge memo, this Court is not inclined to go into those aspects at this stage. Insofar as the issue relating to suspension is concerned, it is evident from the instructions issued by the Government in G.O.Ms.No.22, General Administration (Ser.C) Department, dated 29.02.2024, that the suspension of an employee is required to be reviewed periodically and that the employee is also entitled to subsistence allowance in accordance with the said instructions.
5. Since the respondent authorities have not complied with the aforesaid instructions contained in G.O.Ms.No.22, General Administration (Ser.C) Department, dated 29.02.2024, this Court is inclined to dispose of the writ petition at the stage of admission. Accordingly, the writ petition is disposed of with a direction to the respondent authorities to review the suspension order of the petitioner dated 31.08.2025 in terms of the instructions issued in G.O.Ms.No.22, General Administration (Ser.C) Department, dated 29.02.2024. It is needless to observe that the respondent authorities shall also consider the case of the petitioner for release of the eligible subsistence allowance in accordance with the instructions issued in G.O.Ms.No.22, General Administration (Ser.C) Department, dated 29.02.2024. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.
___________________________ JUSTICE D RAMESH 13.03.2026 klk 52 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO:7094/2026 13.03.2026 klk