M R A Samuel vs The State Of Andhra Pradesh,
2021 Latest Caselaw 3928 AP

         IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

     HON'BLE Mr. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                                &
             HON'BLE Mr. JUSTICE NINALA JAYASURYA

                         WRIT APPEAL No.548 of 2021
                          (Through Video-Conferencing)

 MRA Samuel, S/o. late M. Ch. Samuel, aged about 58 years,
 Occ: Asst. Director, O/o. Joint Director, Andhra Pradesh Model
 Schools, 4th Floor, Anjaneya Towers, Ibrahimpatnam, Vijayawada,
 Krishna District                                               ... Appellant
                                      Versus

 The State of Andhra Pradesh, represented by Principal
 Secretary, School Education Department, A.P. Secretariat,
 Velagapudi, Guntur District, and others                       ... Respondents

Counsel for the appellant : Mr. Jai Bhima Rao for Mr. N. Sreemannarayana

Counsel for respondents : K. Bheema Rao, G.P. for Services - III

ORAL JUDGMENT

Dt:05.10.2021

(Arup Kumar Goswami, CJ)

Heard Mr. Jai Bhima Rao, learned counsel for the appellant and

Mr. K. Bheema Rao, learned Government Pleader for Services - III,

appearing for the respondents.

2. This writ appeal is presented against an order dated 18.02.2021

passed by the learned single Judge in W.P.No.17187 of 2020 declining to

interfere with the order of suspension dated 24.08.2020.

3. Mr. Jai Bhima Rao, learned counsel for the appellant, submits that

suspension order has since been revoked. However, it is contended by him

that there are observations of the learned single Judge in the course of the

order, which if allowed to stand, would cause prejudice to the appellant in the

disciplinary proceedings. Therefore, he submits that this Court may record that

any observations made by the learned single Judge in the order impugned shall

not influence the authority in the disciplinary proceedings.

                                          2                             HCJ & NJS,J
                                                                  W.A.No.548 of 2021

4. Mr. K. Bheema Rao, learned Government Pleader for Services-III,

submits that as the suspension order is recalled, the writ appeal has become

infructuous. He, however, submits that the observations made by the learned

single Judge are prima facie opinions while considering as to whether the

suspension order is liable to be set aside or not.

5. Having considered the submissions of the learned counsel for the

parties, we find that as of today, there is no surviving cause of action in this

appeal. However, to allay the apprehension of the appellant, we observe that

the observations made by the learned single Judge in the order impugned, are

prima facie opinions and the same shall not influence the authorities in any

manner while disposing of the disciplinary proceedings against the appellant.

6. The writ appeal is accordingly disposed of. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

 ARUP KUMAR GOSWAMI, CJ                               NINALA JAYASURYA, J
 MRR