Andhra Pradesh High Court - Amravati
C Rajasekhar vs State Of Andhra Pradesh, on 6 October, 2020
Author: Jitendra Kumar Maheshwari
Bench: Jitendra Kumar Maheshwari
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) pe TUESDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY : PRESENT : THE HON'BLE THE CHIEF JUSTICE SRI JITENDRA KUMAR MAHESHWARI WRIT PETITION NO: 10174, 10221, 10247, 10268, 10269, 10361 and 10528 OF 2020 W.P. No. 10174 of 2020: Between: A.Sashidhar Reddy, S/o. A.\Veera Reddy, aged about 51 years, Senior Assistant, Sri Mahanandeswara Swamyvari Devasthanam, Mahanandi, Krishna District, A.P. ...Petitioner AND 1. State of Andhra Pradesh, Rep. by its Special Chief Secretary to Government, Revenue (Endowments) Department, A.P Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of Endowments Department(AP), Government of Andhra Pradesh, Office at Gollapudi, Krishna District, A.P 3. The Executive Officer, Sri Brahmaramba Mallikarjuna Swamyvari Devasthanam, Srisailam, Kurnool District, Andhra Pradesh. ...Respondents 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 an order or direction, one in the nature of writ of Mandamus, declaring the G.O.Rt.No.518 Rev (Vigilance IV) dated 11.06.2020 issued b the {* respondent in so far as directing the 3 respondent to suspend the petitioner and to file criminal cases against him, as illegal, arbitrary and without jurisdiction and consequently declare the proceedings in Rc.No.A1/1326-A/2020 dated 11.06.2020 of the 3rd respondent "suspending the petitioner from service, as illegal and arbitrary and declare that suspension from service and filing of criminal cases against the petitioner is totally unwarranted in view of the charges framed in charge memo dated 09.06.2020. IA NO: 1 OF 2020 | 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 suspend G.O.Rt.No.518 Rev (Vigilance IV) dated 11.06.2020 of the 1st respondent and the consequential order of the 3rd respondent vide proceedings Re.No.A1/1326-A/2020 dated 11.06.2020, pending disposal of WP 10174 of 2020, on the file of the High Court. WP NO. 10221 OF 2020: Between: C Rajasekhar, S/o. Chandragiri Thimmarayudu, aged about. 61 years, Assistant Executive Officer (Retired), H.No.2-3-155, Srisailam Devasthanam, Srisailam, Kurnool District ...Petitioner AND 1. State of Andhra Pradesh, Rep. by its Special Chief Secretary to Government, Revenue (Endowments) Department, A.P Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of Endowments Department(AP), Government of Andhra Pradesh, Office at Gollapudi, Krishna District, A.P 3 The Executive Officer, Sri Brahmaramba Mallikarjuna Swamyvari Devasthanam, Srisailam, Kurnool District, Andhra Pradesh. ...Respondents 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 an order or direction, one in the nature of writ of Mandamus, declaring the G.O.Rt.No.518 Rev (Vigilance IV) dated 11.06.2020 issued b the 1% respondent in so far as directing the 3° respondent to file criminal cases against the petitioner, as illegal, arbitrary and without jurisdiction and declare filing of criminal cases against the petitioner is totally unwarranted in view of the charges framed in charge memo dated 09.06.2020. IA NO: 1 OF 2020 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 suspend G.O.Rt.No.518 Rev (Vigilance IV) dated 11.06.2020 of the 1% respondent, pending disposal of WP 10221 of 2020, on the file of the High Court. WP NO. 10247 OF 2020: Between: Kovuri Venkateswara Rao, Late K Venkatasubbaiah, aged about 45 years, working as superintendent, Sri Brahmaramba Mallikarjuna Swamyvari Devasthanam, Srisailam, Kurnool District, Andhra Pradesh. ...Petitioner AND 4. State of Andhra Pradesh, Rep. by its Special Chief Secretary to Government, Revenue (Endowments) Department, A.P Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of Endowments Department(AP), Government of Andhra Pradesh, Office at Gollapudi, Krishna District, A.P 3. The Executive Officer, Sri Brahmaramba Mallikarjuna Swamyvari Devasthanam, Srisailam, Kurnool District, Andhra Pradesh. ...Respondents 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 an order or direction, one in the nature of writ of mandamus declaring the G.O.Rt.No. 518 (Vigilance IV) dated 11.06.2020 issued by the 18' respondent in so far as directing the 3° respondent to suspend the petitioner and to file criminal cases against the petitioner, as illegal, arbitrary and without jurisdiction and consequently declare the proceedings in Rc.No. A1/1326-A/2020 dated 11.06.2020 of the 3° respondent sus[pending the petitioner from service, as illegal and arbitrary and declare that suspension from service and fileling criminal cases against the petitioner is totally unwarranted in view of the charges framed in charge memo dated 09.06.2020 and direct 3 respondent to give effect to the orders of the 2™ respondent vide proceedings Rc.No.C1/353628/2020 dated 11.06.2020 transfering the petitioner from 3 respondent devasthanam. a. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Hign Court may be pleased to suspend G.O.Rt.no.518 Rev (Vigilance IV) dated 11.06.2020 of the 1% respondent and the consequential order of the 3 respondent vide proceedings Rc.No.A1/1326-A/2020 dated 11.06.2020, pending disposal of WP 10247 of 2020, on the file of the High Court. WP. No. 10268 of 2020: Between: » §&. Srinivasa Raju, S/o S. Krishnamurthy, aged about 52 years, Senior Assistant, Sri Brahmaramba Mallikarjuna Swamyvari Devasthanam, Srisailam Kurnool District Andhra Pradesh ...Petitioner AND 4. State of Andhra Pradesh, Rep. by its Special Chief Secretary to Government, Revenue (Endowments) Department, A.P Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of Endowments Department(AP), Government of Andhra Pradesh, Office at Gollapudi, Krishna District, A.P 3. The Executive Officer, Sri Brahmaramba Mallikarjuna Swamyvari Devasthanam, Srisailam, Kurnool District, Andhra Pradesh. ... Respondents 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 an order or direction, one in the nature of writ of Mandamus, declaring the G.O.Rt.No.518 Rev (Vigilance IV) dated 11.06.2020 issued by the 4° respondent in so far as directing the 3 respondent to suspend the petitioner and to file criminal cases against him, as illegal, arbitrary and without jurisdiction and consequently declare the proceedings in Rc.No.A1/1326-A/2020 dated 11.06.2020 of the 3rd respondent suspending the petitioner from service, as illegal and arbitrary and declare that suspension from service and filing of criminal cases against the petitioner is totally unwarranted in view of the charges framed in charge memo dated 09.06.2020 and direct the 3% respondent to give effect to the orders of the 2 respondent vide proceedings Re.No. C1/3536287/2020 dated 41-06-2020 transferring the petitioner from 3" respondent Devesthanam. IA NO: 1 OF 2020 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 suspend G.O.Rt.No.518 Rev (Vigilance IV) dated 11.06.2020 of the 1st respondent and the consequential order of the 3rd respondent vide proceedings Rc.No.A1/1326-A/2020 dated 11.06.2020, pending disposal of WP 40268 of 2020, on the file of the High Court. W.P. No. 10269 of 2020: ° Between: M. Srinivasa Rao, S/o Chinna Subba Rao, aged about 51 years, working as Senior Assistant, Sri Brahmaramba Mallikarjuna Swamyvari Devasthanam, Srisailam Kurnool District Andhra Pradesh .. Petitioner AND 4. State of Andhra Pradesh, Rep. by its Special Chief Secretary to Government, Revenue (Endowments) Department, A.P Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of Endowments Department(AP), Government of Andhra Pradesh, Office at Gollapudi, Krishna District, AP 3. The Executive Officer, Sri Brahmaramba Mallikarjuna Swamyvari Devasthanam, Srisailam, Kurnool District, Andhra Pradesh. ...Respondents 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 an order or direction, one in the nature of writ of Mandamus, declaring the G.O.Rt.No.518 Rev (Vigilance iV) dated 11.06.2020 issued by the 4§' respondent in so far as directing the 3" respondent to suspend the petitioner and to file criminal cases against him, as illegal, arbitrary and without jurisdiction and consequently declare the proceedings in Rc.No.A1/1326-A/2020 dated 11.06.2020 of the 3rd respondent af ' suspending the petitioner from service, as illegal and arbitrary and declare that suspension from service and filing of criminal cases against the petitioner is totally unwarranted in view of the charges framed in charge memo dated 09.06.2020 and direct the 3° respondent to give effect to the orders of the 2™ respondent vide proceedings Rc.No. C1/3536287/2020 dated 11-06-2020 transferring the petitioner from 3" respondent Devesthanam. IANO: 1 OF 2020 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 suspend G.O.Rt.No.518 Rev (Vigilance IV) dated 41.06.2020 of the 1st respondent and the consequential order of the 3rd respondent vide proceedings Re.No.A1/1326-A/2020 dated 11.06.2020, pending disposal of WP 40269 of 2020, on the file of the High Court. W.P. No. 10361 of 2020: Between: B. Mallikarjuna Reddy, S/o Late B. Kesava Reddy, aged about 52 years, Superintendent, Sri Kalahastheeswara Swmyvari Devasthanam, Sri Kalahasthi, Chittoor District ...Petitioner AND 4. State of Andhra Pradesh, Rep. by its Special Chief Secretary to Government, Revenue (Endowments) Department, A.P Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of Endowments Department(AP), Government of Andhra Pradesh, Office at Gollapudi, Krishna District, A.P 3. The Executive Officer, Sri Brahmaramba Mallikarjuna Swamyvari Devasthanam, Srisailam, Kurnool District, Andhra Pradesh. ...Respondents 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 an order or direction, one in the nature of writ of Mandamus, declaring the G.O.Rt.No.518 Rev (Vigilance IV) dated 11.06.2020 issued by the 48 respondent in so far as directing the 3 respondent to suspend the petitioner and to file criminal cases against him, as illegal, arbitrary and without jurisdiction and consequently declare the proceedings in Ro.No.A1/1326-A/2020 dated 11.06.2020 of the 3rd respondent suspending the petitioner from service, as illegal and arbitrary and declare that suspension from service and filing of criminal cases against the petitioner is totally unwarranted in view of the charges framed in charge memo dated 09.06.2020 and direct the 3 respondent to give effect to the orders of the 2™ respondent vide proceedings Rc. NO.C1/3536287/2020 dated 11-06-2020 transferring the petitioner from 3" respondent devasthanam. IA NO: 1 OF 2020 ee 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 suspend G.O.Rt.No.518 Rev (Vigilance IV) dated 41.06.2020 of the 1st respondent and the consequential order of the 3 respondent vide proceedings Rc.No.A1/1326-A/2020 dated 11.06.2020, pending disposal of WP 10362 of 2020, on the file of the High Court. W.P. No. 10528 of 2020: Between: M. Savitri, W/o B. Venkata Rao, Record Assistant, Sri Brahmaramba Mallikarjuna Swamyvari Devasthanm, Srisailam, Kurnool District, Andhra Pradesh ...Petitioner AND 4. State of Andhra Pradesh, Rep. by its Special Chief Secretary to Government, Revenue (Endowments) Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of Endowments Department(AP), Government of Andhra Pradesh, Office at Gollapudi, Krishna District, A.P 3. The Executive Officer, Sri Brahmaramba Mallikarjuna Swamyvari Devasthanam, Srisailam, Kurnool District, Andhra Pradesh. .. Respondents 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 an order or direction, one in the nature of writ of Mandamus, declaring the G.O.Rt.No.518 Rev (Vigilance IV) dated 11.06.2020 issued by the 4°! respondent in so far as directing the 3 respondent to suspend the petitioner and to file criminal cases against him, as illegal, arbitrary and without jurisdiction and consequently declare the proceedings in Rc.No.A1/1326-A/2020 dated 11.06.2020 of the 3rd respondent suspending the petitioner from service, as illegal and arbitrary and declare that suspension from service and filing of criminal cases against the petitioner is totally unwarranted in view of the charges framed in charge memo dated 09.06.2020. 1A NO: 1 OF 2020 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 suspend G.O.Rt.No.518 Rev (Vigilance IV) dated 41.06.2020 of the 1st respondent and the consequential order of the 3rd respondent vide proceedings Ro.No.A1/1326-A/2020 dated 11.06.2020, pending disposal of WP 40528 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and Orders of High Court dated 49-06-2020 & 02.09.2020 made in WP. No. 10174, 10221 and 10247 of 2020 and 06-07-2020 and upon hearing the arguments of Sri N Bharat Babu, Advocate for the Petitioner in all petitions, and GP for Endowments for Respondents Nos 1 and 2, and Sri G.V.Ramana Rao, Standing Counsel for respondent No.3., the Court made the following ORDER:
(Through Video Conferencing) "Heard learned counsel for the parties. Interim order passed earlier shall remain in operation until further orders. Immediately on resumption of physical hearing, the case be listed for further orders." . cs Sd/- V. SATYANARAYANA ASSISTANT REGISTRA IITTRUE COPY!/ coe LPR For ASSISTANT REGISTRAR To,
4. One CC to Sri. N Bharat Babu, Advocate [OPUC]
2. Two CCs to GP for Endowments, High Court Of Andhra Pradesh. [OUT]
3. One spare copy.
MSB XQ HIGH COURT HCJ DATED: 06.10.2020 ORDER WRIT PETITION NO: 10174, 10221, 10247, 10268, 10269, 10361 and 10528 OF 2020 EXTENSION OF INTERIM ORDER