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G. RAMAKRISHNA PRASAD
M. Rama Rao – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
1. Heard Sri Sudhakara Rao Ambati, Learned Counsel for the Writ Petitioner (appearing through video conference) and Smt. M. Hemalatha, Ld. Assistant Government Pleader for Services-III, for Respondent Nos. 1 and 2.
2. Smt. M. Hemalatha, Ld. Asst. Government Pleader for Services-III has passed across the table the proceedings of the Secretary to Government issued to the Writ Petitioner dtd. 25/1/2024, which is the Charge Memo, indicating about the Articles of Charge framed against the Writ Petitioner.
3. The prayer in the present Writ Petition is as under:
"It is therefore prayed that this Hon'ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the 1st Respondent in issuing G.O.Rt.No.118, Labour, Factories, Boilers and Insurance Medical Services (Lab.I) Department dtd. 25/1/2024 where under the petitioner was suspended by the 1st respondent, as being illegal, arbitrary and unjust and consequently to set aside the said G.O., in the interest of justice and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case."
3. This Court has notic
The suspension pending enquiry is not an order of punishment but an interim measure to facilitate the enquiry and ensure smooth disposal of proceedings.
Point of law: seriousness and gravity of the misconduct contemplated to be enquired into and the material i.e., voice messages along with the complaint by the complainant Anil Proddaturu and recordin....
Suspension of a government servant must be based on serious allegations and objective consideration, with documented reasoning to prevent arbitrariness.
Tribunal ought not to have interfered with the order of suspension passed by competent authority, particularly when the authorities have got the power under Rule 8 of the APCS (CCA) Rules 1991 to pla....
Prolonged suspension beyond three months without serving charge memo is unsustainable.
Suspension orders must reflect independent decision-making by statutory authorities and cannot be arbitrary or merely routine; otherwise, they may violate constitutional rights.
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