M.A. Wasiq v. The State Of Telangana And 2 Others

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.17299 of 2020 ORDER:

This writ petition is being disposed of at the admission stage with the consent of both parties.

This writ petition is filed seeking the following relief: " ..... to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus by declaring the orders passed by the 2nd respondent vide proceedings No.683/ B/ 2019 dated 27/ 12/ 2019 in placing the petitioner under suspension on the ground that the petitioner is involved in the criminal case even though the said criminal case is not related to his official duties and not reinstating the petitioner into service by reviewing the suspension order in spite of submitting representation as illegal, arbitrary, abuse of process of law, violation of principles of natural justice and contrary to law and set aside the orders passed by the 2nd respondent vide proceedings No.683/ B/ 2019 dated 27/ 12/ 2019 by further directing the respondents to reinstate the petitioner into service will all consequential benefits in the interest....." .

Heard Sri S.Surender Reddy, learned counsel appearing for the petitioner and the learned Government Pleader for Services-III appearing for the respondents.

It has been contended by the petitioner that he is working as a driver with the respondents and the disciplinary authority has placed him under suspension vide order dated 27.12.2019 and thereafter no further action has been initiated and though more than nine months have lapsed, the respondents are not reviewing the said suspension orders in accordance with the Rules. Learned counsel appearing for the petitioner has contended that appropriate orders be passed in the writ petition directing the respondents to review the said suspension order dated 27.12.2019

strictly in terms of G.O.Ms.No.86 dated 08.03.1994 and pass appropriate orders in accordance with law.

Learned Government Pleader appearing for the respondents contended that since the petitioner was placed under suspension for more than nine months, the case of the petitioner would be reviewed and appropriate orders would be passed by the respondents in terms of G.O.Ms.No.86 dated 08.03.1994. This Court, having considered the rival submissions made by the learned counsel for the parties, is of the considered view that this writ petition can be disposed of directing the respondents to review the suspension orders dated 27.12.2019 strictly in terms of G.O.Ms.No.86 dated 08.03.1994 and pass appropriate orders within a reasonable period of time, preferably within a period of two months from the date of receipt of a copy of this order. With the above directions, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J 05.10.2020 Prv