Velpula Chalapathi v. State Of Andhra Pradesh

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ***** Between:

Velpula Chalapathi ... Petitioners And State of A.P. rep. by its Principal Secretary, P & RDD, Hyderabad and three others ...

Respondents DATE OF JUDGMENT PRONOUNCED: 21-07-2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE R. KANTHA RAO Whether Reporters of Local newspapers may be allowed to see the Judgments?

Yes/No Whether the copies of judgment may be marked to Law Reports/Journals Yes/No Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

Yes/No

HON'BLE SRI JUSTICE R.KANTHA RAO O R D E R :

This writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking a writ of mandamus declaring the action of the respondents in issuing suspensiion-cum-show cause notice RC No.C9/1919/Veeraballi(M)/9SA/2015, dated 01.07.2015 as illegal, arbitrary and violation of Article 14 of Constitution of India and consequently to set aside the same.

2. Heard the leaned counsel appearing for the petitioner and the learned Counsel appearing for the respondents.

3. The main contention of the petitioner in this case is that the suspension order was passed by the authority who has no jurisdiction to pass the said order and therefore, it is liable to be set aside.

4. On the other hand, it is the contention of the learned Government Pleaders appearing for the respondents that the authority who passed the suspension order is authorised by a circular issued by the department.

5. In any event, since the order impugned is an order of suspension pending enquiry, this Court is of the view that a direction can be issued to complete the enquiry within the stipulated period.

6. Consequently, the writ petition is disposed of directing the second respondent/Project Director-cum-Joint Secretary to complete the enquiry against the petitioner within a period of eight weeks from the date of receipt of a copy of this order and pass final orders, failing which the suspension order shall stand revoked. There shall be no order as to costs. Miscellaneous petitions, if any, filed in this writ petition shall stand closed.

_________________ R.KANTHA RAO, J Date:21.07.2015 ccm Note:- Furnish C.C. within a week.

(B/o) ccm HON'BLE SRI JUSTICE R.KANTHA RAO

Date:21.07.2015 ccm