B.Siva Naik v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.22219 of 2016 ORDER:

The petitioner claims to have been selected and appointed as the Technical Assistant for Mandal Praja Parishad, Tuggali, Kurnool District. He joined the duty on 31.12.2013. While so, a show cause notice was issued on 02.07.2015 mainly alleging that he absented from duties unauthorisedly and by switching off his cell phone he was not available. He submitted his reply to the show cause notice on 20.07.2015 denying the charges. Though he was kept under suspension, the order of suspension was revoked with a warning by proceedings dated 29.07.2015. After revocation of the order of suspension, he has been continuing the duties. Now an order of suspension was passed on 28.02.2016 containing the same allegations mentioned in the notice dated 02.07.2015 and the petitioner submitted a reply on 11.03.2016. Challenging the order of suspension dated 28.02.2016, the present Writ Petition is filed.

Learned Counsel for the petitioner submits that the authorities are trying to remove the petitioner from service somehow or the other due to political pressure. Learned Standing Counsel for the respondents submits that the personal enquiry was also conducted and the petitioner attended the said enquiry.

Since the impugned order of suspension is dated 28.02.2016, this Court is not inclined to set aside the said order as it had already taken effect. In view of the conduct of personal enquiry, the authorities are directed to complete the enquiry and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

The Writ Petition is, accordingly, disposed of. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as

to costs.

________________________________ (A.RAMALINGESWARA RAO, J) 11.07.2016 vs