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High Court for State of TelanganaWP/3220/2017dismissed no costs

Gorthi Viswanatham, v. Government Of Telangana,

2017-02-21Sanjay Kumar,Anis3 pages

HON'BLE SRI JUSTICE SANJAY KUMAR AND HON'BLE SMT. JUSTICE ANIS WRIT PETITION No. 3220 OF 2017 ORDER: (Per Hon'ble Sri Justice Sanjay Kumar) The petitioner is the applicant in O.A.No.3866 of 2014 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad. The said O.A. was disposed of by order dated 17.08.2015, whereby the Tribunal directed the authorities to pass appropriate orders in relation to the period of suspension undergone by the petitioner in terms of the provisions of Fundamental Rule 54(B) within a timeframe. 2.

He filed the present Writ Petition seeking a declaration that the action of the authorities in not considering the order dated 17.08.2015 passed in O.A.No.3866 of 2014 on the file of the Andhra Pradesh Administrative Tribunal and issuing Memo dated 29.06.2016 treating the suspension period as not on duty was illegal.

3.

Perusal of the Memo dated 29.06.2016 reflects that the same was issued by the Secretary to Government, Agriculture and Cooperation (Vigilance) Department, Government of Telangana, in implementation of the order dated 17.08.2015 passed by the Tribunal in O.A.No.3866 of 2014. Having considered the matter, the authority decided thereunder not to treat the period of suspension as on duty as per Fundamental Rule 54(B).

SK, J & ANIS,J wp_3220_2017 4.

If the petitioner is aggrieved by the Memo dated 29.06.2016, he would have to subject it to challenge independently and in the event he does so by way of a writ petition, the same shall be listed before and heard by a learned Single Judge of this Court in terms of the order dated 30.09.2016 passed by a Division Bench of this Court, comprising the Hon'ble The Acting Chief Justice and Hon'ble Sri Justice U.Durga Prasada Rao, in W.P.No.31905 of 2016. 5.

Reserving liberty to the petitioner to avail such remedy, if he so chooses, the Writ Petition is dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

________________________ SANJAY KUMAR, J ________________________ ANIS, J Date: 21.02.2017 anr

SK, J & ANIS,J wp_3220_2017 HON'BLE SRI JUSTICE SANJAY KUMAR AND HON'BLE SMT JUSTICE ANIS WRIT PETITION No. 3220 OF 2017 21st day of February, 2017 anr