K. Sri Hari Prasad v. The State Of Ap

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M. GANGA RAO WRI T PETI TI ON No.8950 OF 2018 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) The petitioner is the applicant in O.A.No.8 of 2018 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad. By common order dated 25.01.2018, the Tribunal dismissed O.A.Nos.7, 8 and 96 of 2018. Challenge in these O.As. was to the suspension from service of the applicants therein by way of G.O.Rt.No.15, Municipal Administration & Urban Development (VIG.II) Department, dated 04.01.2018. Under the said G.O., six employees of Pedana Municipality, Krishna District, including the applicants in the aforestated O.As.

, were placed under suspension from service on the allegation of allowing unauthorized layouts by colluding with realtors and without collecting development charges and 10% open space charges. By the common order under challenge, the Tribunal opined that no grounds were made out for interference with the impugned suspension order and accordingly dismissed the O.As. While so, it appears that the applicant in O.A.No.7 of 2018 filed W.P.No.3208 of 2018 before this Court, aggrieved by the common order under challenge in so far as it pertained to the said O.A., and by order dated 05.02.2018, another Division Bench of this Court, while confirming the order of the Tribunal, permitted the petitioner therein to file a representation before the Government seeking revocation of his suspension.

We are also of the opinion that no cause is made out for interference with the petitioner's suspension from service at this stage. The allegations levelled are serious in nature and unless the Government

itself forms the opinion that he need not be continued under suspension, there is no scope for interference.

The writ petition is accordingly dismissed. The petitioner is however at liberty to make a representation to the Government of Andhra Pradesh seeking revocation of his suspension and the dismissal of this writ petition shall not preclude the Government from considering such representation, if made, in accordance with the relevant norms and taking appropriate action thereon.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

_________________ SANJAY KUMAR,J ___________________ M. GANGA RAO, J Date: 19.03.2018 IBL