APHC010777992017 IN THE HIGH COURT OF ANDHRA PRADESH [3529]

AT AMARAVATI (Special Original Jurisdiction)

WEDNESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No. 40324/2017 Between:

1. K . TYAGA RAJU,, S/O SATYAM,AGED ABOUT 50 YEARS, OCC:JR. ASSISTANT (UNDER SUSPENSION),AT PRINCIPAL JR. CIVIL JUDGE COURT, PALAKOL, WEST GODAVARI DIST., ANDHRA PRADESH.

...PETITIONER AND

1. T HE PRINCIPAL DISTRICT JUDGE, West Godavari, Eluru,Andhra Pradesh (Disciplinary Authority ...RESPONDENT 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 IA NO: 1 OF 2017(WPMP 50047 OF 2017 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 suspend the impugned proceedings vide D.E.No: 01/2016 dt: 10.08.2017 issued by the respondent against the petitioner till the disposal of the writ petition,direct the respondent to pay the subsisting allowances to the petitioner and pass IA NO: 2 OF 2017(WPMP 50049 OF 2017 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 dispense with presence of the certified copy of the Enquiry Report dt. 12-08- 2016 in Dis.No.338 of Enquiry officer cum II Addl. Jr. Civil Judge, Tadepalligudem and to pass IA NO: 5 OF 2017(WPMP 226965 OF 2017 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 IA NO: 1 OF 2024 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 pleased to grant leave and permit the Respondent to file counter affidavit in W.P.No.40324 of 2017 and pass Counsel for the Petitioner:

1. K J V N PUNDAREEKAKSHUDU Counsel for the Respondent:

1. P S P SURESH KUMAR The Court made the following:

HON’BLE SRI JUSTICE RAO RAGHUNANDAN RAO AND HON’BLE SRI JUSTICE T.C.D. SEKHAR WP No.40324 OF 2017 COMMON ORDER:- (Per Hon’ble Sri Justice T.C.D. Sekhar)

1. The present writ petition is filed questioning the proceedings in DE No.01/2016, dt.10.08.2017 issued by the respondent, whereunder the petitioner was imposed with penalty of dismissal from service as per Rule 9 of AP Civil Services (Classification, Control and Appeal) Rules, 1991.

2. The petitioner while working as Junior Assistant in Principal Junior Civil Judge, Palakol was placed under suspension by order dt.15.10.2015 issued by the respondent herein. He was placed under suspension on the allegation that he had been remanded to Judicial custody for more than 48 hours in Crime No.138/2015, on the file of Nidadavole Police Station for the offence punishable under Section 354 (A)(D)

IPC.

3. Further, the respondent ordered to conduct regular departmental enquiry against the petitioner and the II Additional Junior Civil Judge, Tadepalligudem was appointed as Enquiry Officer by proceedings dt.17.06.2016. The Enquiry Officer served the Article of charge to the petitioner and the same is reproduced hereunder:

Article:- “That you (Sri K.Tyaga Raju) while working as Junior Assistant, Principal Junior Civil Judge’s Court, Palakol on 28.08.2015 said to have approached a women by name Eluru Sunitha, W/o. Kiran Kumar in the presence of her aunt, caught hold her hand, misbehaved against her requiring her to satisfy your desire whereupon a complaint was lodged and a case in Crime No.138 of 2015 on the file of Nidadavole Police Station was registered and you were arrested and sent to remand on 09.10.2015 and you have been in Judicial custody for morethan 48 hours as per the information given by the Principal junior Civil Judge, Palakol, that your conduct and misbehavior against women