Date of reserved for judgment: 28.10.2025 Date of Pronouncement : 16.12.2025 Date of uploading judgment : 16.12.2025 APHC010055102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3545]

(Special Original Jurisdiction)

TUESDAY,THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 92/2025 Writ Appeal under clause 15 of the Letters Patent be pleased to allow the Writ Appeal by setting aside the Order dated 29.01.2025 passed in WP.No.1062 of 2025 and to pass such Between:

1. B UMA SHANKAR, S/O B. NARAYANA MURTHY (LATE) AGE 51 YEARS, R/O FLAT NO. 501. SRI LAKSHMI NLLAYAM APARTMENT. BESIDE MURALI MANSION, MAHALAKSHMI. TEMPLE STREET, ANALA VENKATA APPARAO ROAD, RAJAHMAHENDRAVARAM - 533103 O/O THE A.P. STATE HANDLOOM WEAVERS CO- OPERATIVE SOCIETY LIMITED (APCO) (A GOVT.OF A.P. UNDERTAKING) OCC ASSISTANT MARKETING OFFICER/

MO(FAC)/SPO. RAJAHMUNDRY, EAST GODVARI DISTRICT, A.P ...APPELLANT AND

1. T HE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HANDLOOMS AND TEXTILES DEPARTMENT, INDUSTRIES AND COMMERCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI,GUNTUR DISTRICT, ANDHRA PRADESH.

2. T HE ANDHRA PRADESH STATE HANDLOOM WEAVERSCOOPERATIVE SOCIETY LIMITED, (APCO) (A GOVT, OF A.P UNDERTAKING) REP BY IT'S VICE CHAIRMAN AND MANAGING DIRECTOR,APCO,29-11 -9/1 VENKATESWARA RAO ROAD, GOVERNORPETA, NEAR REHAMAN PARK, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH.

3. T HE DIVISIONAL MARKETING OFFICER, APCO, LALACHERUVU, RAJAHMUNDRY EAST GODAVARI DISTRICT, ANDHRA PRADESH.

4. T HE DIVISIONAL MARKETING OFFICER, APCO, OPP MUDDADA CHINNABABU HOSPITAL, NETHA BAZAR, SRIKAKULAM, SRIKAKULAM DISTRICT, ANDHRA PRADESH.

5. T HE GENERAL MANAGER APCO, CAO/OFFICERS/SECTION CENTRAL OFFICE, 29-11-9/1, VENKATESWARA RAQ GOVERNOR PETS, NEAR BEHAMAN PARK, NTR DISTRICT, ANDHRA PRADESH.

...RESPONDENT(S):

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 may be pleased to dispense the filing of Certified Copies of Orders Dt. 29.01.2025 in W.P. No. 1062 of 2025 and pass such IA NO: 2 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 may be pleased to direct the respondents to continue the appellant in his original place, pending disposal of the Writ Petition and pass such Counsel for the Appellant:

1. BHASKAR PREM KOUSHIK Counsel for the Respondent(S):

1. B JAYA PRABHAKARA RAO (SC for APCO)

2. GP FOR SERVICES I The Court made the following:

THE HON’BLE SRI JUSTICE BATTU DEVANAND &

THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL No.92 of 2025 JUDGMENT: (Per Hon’ble Sri Justice Battu Devanand)

This appeal has been filed against the order, dated 29.01.2025 in W.P.

No.1062 of 2025 passed by the learned Single Judge of this Court.

2. The parties in the Appeal will be referred to as they are arrayed in the Writ Petition for convenience.

3. Heard learned counsel appearing on both sides and carefully perused the material available on record.

4. Submissions of the learned counsel for the petitioner:

(i) Before issuing the impugned proceedings issued by the 2^nd respondent vide Ref.No.APCO/CO/Ad.I/BUS.AMO/MO/SPO/RJY/TRF/ KOLK/24, dated 11.11.2024 transferring and posting the petitioner as AMO/Manager, Cuttack Show Room from AMO/MO(FAC)SPO, Rajahmundry, the petitioner was suspended vide Ref.No.APCO/CO/Admin.II/Deficits/ BUS.DMO(FAC)/ Suspension/Reinstated/23, dated 28.06.2023 and posted as Marketing Officer (FAC), Livery Division, Mangalagiri. A charge memo vide Ref.No.APCO/CO/Admin.I/BUS, DMO (FAC), RJY/Charges/23, dated 12.10.2023 was issued, for which the petitioner submitted his explanation on 20.10.2023. Pending enquiry, by the proceedings impugned, the petitioner was transferred, which is punitive.

(ii) Learned coun