N.Ravi Kumar v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Originat Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE P NAVEEN RAO WRIT PETITION NO:'10328 OF 2020 Between:
N.Ravi Kumar, S/o N Bhimaiah, aged 50 years, Occ. Agriculture Extension Officer (Grade-'l ), (Under suspension) 0/o ADA (regular) Chevalla, RR District. No. i2-27091107, Flat No.301, Para Height Apartment, Navodaya Colony, lVedhipatnam, Hyderabad ...PETITIONER AND The State of Telangana, rep. by it's Principal Secretary, Agriculture, Telangana Secretariat, BRKR BHAVAN, Hyderabad.
The Commissioner and director of Agriculture, Telangana State, Fatehmaidan, Hyderabad.
The District Agriculture Officer, R R District, 2nd floor, SAN/ETl Complex, Ir/alakpet, Hyderabad.
RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of the respondents in suspending the petitioner vide memo no. ESPT.ll/226212019 daled 21-12-2019 as arbitrary, illegal and unjust and consequently direct the respondents to take petitioner back on duty by treating the period of suspension as duty for all purposes and accordingly pay him all arrears of salary and other consequential benefits, which he is entitled to.
lA NO: 1 OF 2020 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 direct the respondents 10 review the suspension of the petitioner vide memo no. ESPTll1226212019 dated 21-12-2019 and to pay subsistence allowance continuously to the petitioner, pending disposal of main Writ Petition. Counsel for the Petitioner: SRl.
) THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 1O328 OF 2O2O ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Agriculture.
2.
Petitioner is working as Agriculture Extension Officer. Vide proceedings of the District Agriculture Officer, dated 2L .1"2.20L9 , petitioner was placed under suspension on the allegation of demand and acceptance of bribe in processing claim under Rythu Bhima Scheme. According to learned counsel for the petitioner, on 16.03.202O, charge memo was drawn and thereafter there was no further progress. Learned counsel further submits that petitioner is not paid subsistence allowance. 3.
Learned Government Pleader submits that since allegation against the petitioner is grave, he was placed under suspension. 4.
Against the order of suspension, petitioner has remedy ol appeal. Without availing the said remedy of appeal, this writ petition is fi1ed.
5.
Since the petitioner has an effective and efficacious remedy in the form of appeal, whereunder petitioner can raise all please including the allegation of non-payment of subsistence allowance, the Court is not inclined to entertain the writ petition. 6.
Accordingly, the writ petition is dismissed granting liberty to the petitioner to avail the remedy of appeal and also to raise all pleas against the order of suspension. As and when appeal is filed
by the petitioner, the same shall be disposed of as expeditiously as possible preferably within a period of eight week from the date of receipt of appeal. Miscellaneous Petitions, if any, shall stand closed.
SD/.K,AMMAJI ASSISTANT REG IST //TRUE COPY'
SECTION OFFICER To,
1. One CC to Sri. M.V. Krishna Mohan, Advocate (OPUC)
2. Two CCs to GP for Agriculture, High Court for the State of Telangana at Hyderabad (OUT)
3. Two CD Copies.
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HIGH COURT DATED:1410712020 \:.:;
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ORDER
WP.No.10328 ol 2020 3 0 i0L2$10 R"
,;/ -r/ Dismissing the WP Without costs.
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