MALLADI MURTHYSREE Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Prayer in this appeal is for setting aside decision dtd. 8/12/2025, passed by learned Single Judge, whereby writ petition filed by present appellant / writ petitioner seeking setting aside of G.O.Ms.No.59, Municipal Administration & Urban Development (Vig.I) Department, dtd. 2/4/2024, and consequently setting aside termination of service of appellant / writ petitioner has been dismissed.

(2.) Appellant / writ petitioner filed the above said writ petition being aggrieved of termination of his services on account of his conviction for commission of offence punishable under Sec. 13(2) r/w 13(1)(e) of Prevention of Corruption Act, 1988, (for short, "PC Act "). Appellant / writ petitioner was serving as Town Planning Building Overseer (TBO) in Greater Visakhapatnam Municipal Corporation. He was proceeded against on allegations of acquiring huge assets in his name and in the name of his dependents / family members. Learned Special Judge convicted appellant for the offences as mentioned in the foregoing paras and sentenced him to undergo rigorous imprisonment for a period of three (3) years and pay a fine of Rs.1,50,000.00. Appellant/writ petitioner filed Criminal Appeal No.964 of 2023 before the High Court. Sentence imposed upon the Appellant / writ petitioner was suspended vide order, dtd. 21/12/2023 passed therein. The 1st respondent, exercising powers conferred under clause (x) of Rule 9 read with clause (i) of Rule 25 of the Andhra Pradesh Civil Services (Classification, Control & Appeal) Rules, 1991, issued G.O.Ms.No.59, dtd. 2/4/2024, dismissing appellant from government service with immediate effect. Appellant filed W.P.No.33806 of 2025 challenging the said action. Learned Single Bench on considering the facts and circumstances dismissed the writ petition. Aggrieved therefrom, present appeal has been filed.

(3.) Learned counsel for appellant vehemently argues that sentence imposed upon appellant has been suspended. Moreover, the nature of offence is not such which calls for termination of services of the appellant as has been done by the authorities. Appeal filed by appellant challenging his conviction vide judgment, dtd. 8/12/2023, by learned Special Judge is pending adjudication and appellant has a very good case in his favor and is likely to succeed in the appeal. In case, termination of his service is not set aside, grave prejudice shall be caused to appellant. It is further submitted that action of terminating services of appellant was taken without issuance of even a notice to him. It is thus prayed that this appeal be allowed.