ORDER:

The present writ petition came to be filed under Article

226 of the Constitution of India, seeking the following relief:

“to issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in continuing the petitioner under suspension pursuant to the orders vide proceedings Roc.No.A1/1174/2022 dated 01.08.2022 of the 4th Respondent as arbitrary, illegal, in violation of Principles of natural Justice, in violation of Articles 14 and 16 of the Constitution of India and in violation of G.O.Ms.No.91, dated 12.09.2022 issued by the Government of Andhra Pradesh and consequently direct the 4th Respondent to reinstate the petitioner into service pending disposal of the disciplinary proceedings contemplated by the Respondents and to make payment till today….”

2. The case of the petitioner is that, the petitioner was appointed as Junior Assistant on 21.10.2017 at Zilla Parishad Office, Chittoor and continuing as on today. While so, surprisingly, the 4th respondent herein issued proceedings vide Roc.No.A1/1174/2022, dated 01.08.2022 stating that, ‘the individual is hereby placed under suspension pending enquiry as per the rule 8 of APCCS Rules, 1991, with immediate effect and until further orders’ without serving any notice upon him.

Aggrieved by the same, the petitioner filed this writ petition.

3. Today, when the writ petition came up for hearing, Mrs.B.V.Aparna Lakshmi, learned Standing Counsel appearing for the respondent Nos.4 & 5 have stated that, the petitioner was kept under suspension vide office proceedings through Roc.No.A1/1174/2022, dated 01.08.2022 as he was unauthorizedly absent from duty without information to the higher authorities and as such, the Deputy Chief Executive Officer was appointed as enquiry officer in this matter and he submitted an enquiry report stating that the petitioner went on Casual Leave for 6 days as his wife wants to attend M.Ed. Examination and the said leave was extended further for one day casual leave initially but however was extended further to attend the demise of his close relative and could not report to duty thereafter also due to sudden adverse development of wife’s health, who was in the seventh month of her pregnancy on the advice of doctor and as such extended the leave for further fifteen days i.e., from 28.07.2022 to 11.08.2022 to look after his wife and kid. The petitioner has further extended leave for two more spells from 12.08.2022 to 11.09.2022 and from 12.09.2022 to 11.12.2022, during which period, he went to different hospitals for taking treatment to his wife at Palamaner, CMC Vellore and Palamaner.

4. The enquiry officer has concluded that, due to health condition of his wife and kid, the petitioner extending the leave which is neither willful nor intentional in not taking prior permission from the higher authorities but, however, as he went on leave without prior permission, it would amounts to violation of Government Rules and Regulations.

5. The enquiry officer has submitted an enquiry report on 08.07.2023 and, thereafter, taking a lenient view, the petitioner was reinstated into service duly awarding the punishment of ‘censure’ to the petitioner vide office Proceedings through Roc.No.A1/1174/2022, dated 13.07.2023 and accordingly posting orders were issued duly posting the petitioner as Junior Assistant to MPP Office, Gangavaram, Chittoor District. In view of the same, the cause in this writ petition does not survive for further adjudication.

6. Accordingly, this Writ Petition is closed. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

______________ JUSTICE V.SUJATHA Date: 24.07.2023 kbs

147 THE HONOURABLE SMT.JUSTICE V.SUJATHA (Closed)

WRIT PETITION No.18029 of 2023 Date: 24.07.2023 kbs