Andhra Pradesh High Court - Amravati
M Narayana vs The State Of Andhra Pradesh on 20 February, 2023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT
MONDAY, THE TWENTIETH DAY OF FEBRUARY, :-
TWO THOUSAND AND TWENTY THREE
PRESENT:
THE HONGURABLE SRI JUSTICE VENKATESWARLU NIMMAG
iA Ne. TOF 2023
iN
WP NO: 4098 OF 2023
Saetween:
M. Narayana, S/o. Krishna Murthy, Aged about 58 years, Coo: District Immunization
Officer, Vizianagaram, O/o. DM & HO, Vizianagaram, Vizianagaram District.
.. Petitioner
(Pettioner in WP 4078 OF 2023
on the fle of High Court)
AND
i. The State of Andhra Pradesh, Res by ts Principal Georetary, Medical and
Health Depanment, Secretariat Bull icings, Velaganuel, Amaravati, Guntur
Dstrict saves §
The Director of Public Health and Family Wealfars, Gollapucl, Viayawada.
2.
3. The DM and HO, Virianagaram, Viglanagaram District.
4. The Project Officer, integrated Tribal Daveloprnent Agency, (TDA),
Vizianagaram, Vizianagaram District,
es Respondents
'Respondants in-cdo-}
Counaal for the Petitioner : SREG.TUHIN RUMAR
Counsel for the Respondents ; "GP FOR SERVICES IV
Petition under Sechon 757 CFC is fed praying that in the circumstances
stated in the affidavil Med in support of the writ petitian, che High Gaur may ve
pleased io direct the respondants io reinstate the petitioner as the Deputy ¢
Surgeon by saying the operation of tha impugned deemed suspension order passed
hy the 2°° respondent dated 18.12.9082. vide Ro. No 7Si4/VO.1 A022, pending
disposal of WP No.4018 of 2023, on the file of the High Court,
The court while directing issue of notice to the Respondents herein io show
cause as te why this application should-nof bs complied with, made the following
order {The receipt of this order wil be deemed to be the receipt of notice in ihe
case}. :
ORDER:
"Heard learned counsel for the petitioner and learned Government
Mioader for Services-lV.
. Learned counsel for the petitioner would aubmit that the impugned
order in Reo No PSidive 4 Alo2? dated, '§.i2.2022 came to be passed after
completion of the enquirylinvestigation by the respondent authorities, but
iasued articles of charges vide proceedings 26.04.2022 for which the petitioner
had already submitted his explanation: Therefore, the proceedings are pending
for final enquiry. He would further submit that at this juncture, issuance of the
arder of suspension of the petitioner is nothing but without application of
mind. He relied upon the Judgment rendered by the composite High Court of
Andhra Pradesh at Hyderghad in P. Safender ve. Union of Indie. and another,
wherein His held that once a charge sheet was Aled against any dalingquent
officer, after finality of such charge sheet, the services of the petitioner cannot
be suspended. Therefore, issuance of order of suspension is nothing but
without application of mind. in view of the said Judgment, this Court prima
feels convinced and inclined fo pags an Interim order as uncer: :
"There shall be an interim "suspension of the operation of the
proceedings of the 2° reapondent wie ReNo 7Si4/VO.LAMOS2 dated
18.12.2022 and the respondents are hareby directed to reinstate the petitioner
inte service, pending disposal of the writ petitien." as
. Bhs Sidi. K.TATA RAO
7 DEPUTY REGISTRAR
NTRUE COPYI oe
gq SECTION OFFICER
Pa,
: 3 Health Deparment, Secretariat
Surtur Oletrict, State of Andhra Pradesh.
{. The Principal Secretary, Medical
Buldings, Velagapuci, Amaravati
«. The Director of Public Health and Family Welfare, Gollapudi, Vilayawada,
3. The DM & HO, Vizianagaram, Visianagaram District,
4. The Project Officer, Integrated" Development Agency, (TDA),
Vizianagaram, Vizianagaram District UAddressac Nos. 1 to 4 By RRAD
One CC fo Si. G.Tuhin Kumar, Advooate fOPUC]
a}
io
Two OCs fo GP for Services IV, H
. One spare copy °
:
gh Court of Andhra Pradesh. [QUT]
mi OB Gn
MM
HIGH COURT
NYU
DATED ROO 2023
NOTE: LIST THE MATTER O§ #8082088
ORDER
a Noa. 1 OF 2023
iN
WP NO: 4018 OF 2025
INTERIM SUSPENSION
