M. Sai Kumar v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.1568 of 2019 ORDER:

This writ petition is filed seeking a Writ of Mandamus declaring the proceedings dated 06.02.2018 issued by the 2nd respondent as illegal and arbitrary.

Heard Mr.N.N.Somendra Reddy, learned counsel for petitioner and Mr.L.Venkateshwar Rao. learned Standing Counsel for respondents 2 and 3.

It has been contended by the petitioner that he is working as Public Health Worker and while he was discharging his duties, the 2nd respondent has placed the petitioner under suspension vide proceedings dated 06.02.2018 on the alleged involvement of the petitioner in criminal cases in Cr.No.15 of 2018 for the offences punishable under Sections 324, 341 and 506 read with 34 IPC registered on 15.01.2018 and in Cr.No.16 of 2018 for the offences punishable under Sections 148, 307, 341 and 506 read with 149 IPC registered on 16.01.2018.

Learned counsel for petitioner submits that it is for the almost one year the respondents have not issued any charge memo nor any disciplinary proceedings. The respondents have not reviewed the suspension order as per Rules. As per Rules, the respondents must review the suspension order on completion of six months, but in the instant case, the respondents have not reviewed the suspension order. The petitioner has submitted representation to the respondents on 17.11.2018 requesting to review the suspension

order. But, so far, the respondents have not passed any orders on the said representation.

Learned Standing Counsel appearing for respondents 2 and 3 has contended that the representation submitted by the petitioner on 17.11.2018 seeking review of suspension order will be considered and appropriate orders would be passed in accordance with law. This Court, having considered the rival submissions, is of the considered view that the writ petition can be disposed of directing the 2nd respondent to consider the representation submitted by the petitioner on 17.11.2018 seeking review of suspension order and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. With the above observations, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 30-01-2019 Prv