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2025:APHC:58120

APHC010046942025

IN THE HIGH COURT OF ANDHRA PRADESH

[3460]

AT AMARAVATI

(Special Original Jurisdiction)

MONDAY, THE TWENTY SECOND DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO: 3001/2025

Between:

1. K ABRAHAM LINCON, S/O LATE K MARK, AGED ABOUT 60

YEARS, R/O D.NO.1/78, MALAWADA, THUDUMALADINNE,

YSR KADAPA DISTRICT, ANDHRA PRADESH - 516203.

...PETITIONER

AND

1. T HE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY,

REVENUE DEPARTMENT,

VELAGAPUDI,AMARAVATHI,GUNTUR DISTRICT.

2. T HE DISTRICT COLLECTOR, YSR KADAPA DISTRICT.

3. T HE TAHSILDAR, KHAJIPETA MANDAL, YSR KADAPA

DISTRICT, ANDHRA PRADESH.

...RESPONDENT(S):

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 appropriate writ, order or

direction more particularly one in the nature of Writ of Mandamus

declaring the action of the 1st respondent in passing the dismissal

order vide G.O.Ms.No.219 Revenue (VIGILANCE -III) Department

dated 16.05.2016 is illegal, arbitrary and voilative of Articles 14, 16,

2025:APHC:58120

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21 and 311 of the Constitution of India apart from Principals of

Natural Justices and consequently direct the respondents to

reinstate the petitioner into service forthwith with all consequential

benefits like back wages, seniority, promotion and other attended

benefits and pass such other order.

IA NO: 1 OF 2025

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 direct the respondents to reinstate

the petitioner into service duly suspending proceedings

G.O.Ms.No.219 Revenue (VIGILANCE -III) Department dated

16.05.2016, pending disposal of the writ petition, and pass such

other order.

Counsel for the Petitioner:

1. J M NAIDU

Counsel for the Respondent(S):

1. GP FOR SERVICES I

The Court made the following:

2025:APHC:58120

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HON’BLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION No.3001 of 2025

ORDER:

1. The present Writ Petition is filed to declare the action of

Respondent No.1 in passing the dismissal order vide

G.O.Ms.No.219, Revenue (Vigilance-III) Department, dated

16.05.2016, as illegal and arbitrary.

2. The Petitioner was convicted in C.C.No.26 of 2015 on the file

of the Special Judge for trial of SPE & ACB Cases, Kurnool vide

Judgment dated 09.03.2016 and was sentenced to undergo rigorous

imprisonment for a period of six months and to pay a fine of

Rs.1,000/- for the offence punishable under Section 13 (2) R/w

13(1)(1)(d) of the Prevention of Corruption Act, 1988. Pursuant to

that, the Petitioner was dismissed from service on 16.05.2016.

3. In the Criminal Appeal filed thereon, this Court on 01.04.2016

enlarged the Petitioner on bail by suspending the sentence of

imprisonment imposed by the Special Judge for trial of SPE & ACB

Cases, Kurnool.

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4. While so, the Government issued G.O.Ms.No.219, dated

16.05.2016 dismissing the Petitioner from service in view of conduct

leading to conviction. Questioning the dismissal pursuant to

conviction on 09.03.2016 the present Writ Petition is filed.

5. Learned counsel for the petitioner submits that as the

sentence was suspended in Criminal Appeal, the Petitioner was

entitled to be continued in service. It is submitted that dismissal of

employees cannot be passed mechanically without even issuing a

show-cause notice.

6. Learned Assistant Government Pleader would submit that as

conviction is recorded, the Petitioner cannot be continued in service

and the impugned order warrants no interference.

7. Heard the counsel.

8. Hon’ble Supreme Court in The Deputy Director of Collegiate

vs. S. Nagoor Meera, 2025:APHC:58120, while considering a similar fact scenario after

referring to proviso to Article 311(2) of the Constitution of India, held

that public servant need not be continued in service till criminal

appeal is adjudicated or on account of suspension of sentence. The

Hon’ble