THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.4232 OF 2025

ORDER:

1. This writ petition is filed under Article 226 of the Constitution of India claiming the following relief:

“to issue writ of mandamus declaring the inaction of Respondent Nos.2 & 3 in considering the representation dated 29.10.2024 submitted by the petitioner and in taking any action against Respondent No.4 even though several crimes were registered vide FIR Nos.179/2020 dated 19.08.2020, FIR No.48/2021 dated 12.02.2021 and FIR No.461/2024 dated 03.10.2024 as illegal, arbitrary and violative of Articles 14 & 21 of the Constitution of India and consequently direct Respondent Nos.2 & 3 to consider the representation submitted by the petitioner.”

2. The case of the petitioner is that she is employed in a hotel situated within the premises of Gandhi Government Hospital, Vijayawada. It is alleged that Respondent No. 4 misbehaved with her and used abusive and foul language, and attempted to take photographs of her on his mobile phone without her consent. The petitioner states that she lodged complaints on 19.08.2020 and 03.10.2024 regarding the repeated acts of misconduct, threats, and harassment by Respondent No. 4. Pursuant thereto, an FIR No.

461 of 2024 was registered on the file of Ajit Singh Nagar Police Station. Despite the registration of cases against Respondent No. 4 for the alleged offences, Respondent Nos. 2 and 3 have not taken further action in the matter, even after considerable lapse of time.

Hence, the present writ petition.

2. On the other hand, learned Government Pleader for Health, Medical & Family Welfare Department furnished written instructions of the Superintendent, Government General Hospital, Vijayawada in Rc.No.Spl/E3/2025 dated 08.12.2025, wherein it is stated as follows:

“7. …..The Regional Director of Medical and Health Services, Rajahmundry has sent back the enquiry report in original to the Superintendent, Government General Hospital, Vijayawada vie Rc.No.696/R2B/2025 dated 12.08.2025 by informing that the enquiry committee has concluded that there are no evidences to find fault with the above said Senior Assistant and moreover the incident occurred in the GGH, Vijayawada premises and the RDM&HS, Rajahmundry is unable to take action unless there is prima facie material established against the Senior Assistant and also requested for taking necessary further action at Govt.

General Hospital, Vijayawada, as per law.”

3. Heard learned counsel for the petitioner and learned Government Pleader for Health, Medical & Family Welfare Department and perused the material available on record.

4. As per the instructions placed on record by Respondent No. 3 in Rc.No.Spl/E3/2025 dated 08.12.2025, a detailed enquiry was conducted into the complaint lodged by the petitioner against Respondent No. 4, and a report was submitted by the competent authority. The enquiry report reveals that no material evidence was placed against Respondent No. 4 with regard to the alleged incident at Gandhi General Hospital, Vijayawada, while observing that action, if any, may be taken in accordance with law on the basis of the allegations.

5. In view of the said enquiry report, Respondent No. 2/Director, Medical and Health Department, is directed to proceed further and pass appropriate orders in accordance with law, after affording an opportunity of hearing to the petitioner and Respondent No. 4, if deemed necessary. Such exercise shall be completed within a period of two (2) months from the date of receipt of a copy of this order.

6. With the above direction, writ petition is disposed of. No costs.

7. Consequently, miscellaneous applications pending if any, shall stand dismissed.

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JUSTICE VENKATESWARLU NIMMAGADDA Date: 16.02.2026 SP