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High Court for State of TelanganaWP/32256/2015disposed of no costs

G.Vikramsimha Reddy, v. The State Of Telangana, Rep.By Its Secretary,

2016-04-29C.V.Nagarjuna Reddy,M.S.K.Jaiswal4 pages

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE M.S.K.JAISWAL WRIT PETITION No.32256 of 2015 29.04.2016 Between:

G.Vikramsimha Reddy ..Petitioner And The State of Telangana, represented by its Secretary, Municipal Administration and Urban Development Department, Hyderabad and others ..Respondents Counsel for the petitioner: Mr.T.Suresh Reddy, senior counsel Mr.P.Raghavender Reddy Counsel for the respondents: Government Pleader for Services (TS) The Court made the following:

ORDER: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) Feeling aggrieved by non-interference with the order of suspension of the petitioner by the Andhra Pradesh Administrative Tribunal, Hyderabad - respondent No.6 (for short 'the Tribunal'), this writ petition is filed by the Sanitary Inspector of Kamareddy Municipality under suspension.

When this writ petition came up before us on 22.04.2016, we have adjourned the case to enable the learned Government Pleader for Services (TS) appearing for the respondents to get instructions on the stage of the disciplinary proceedings initiated against the petitioner and the timeline within which, they may be concluded. Today, at the hearing, the learned Government Pleader for Services (TS), while placing before us, a copy of G.O.Rt.No.281, Municipal Administration and Urban Development (Vig.I(2)) Department, dated 28.04.2016, whereunder respondent No.1 appointed Sri D.Jayaraj Kennady, Regional Director-cum-Appellate Commissioner of Municipal Administration and Urban Development Department as Inquiring Authority to enquire into the charges framed against the petitioner and three others, has submitted that respondent No.1 will conclude the disciplinary proceedings and pass appropriate orders within a period of four months from today.

Mr.P.Suresh Reddy, learned senior counsel representing Mr.P.Raghavendra Reddy, learned counsel for the petitioner, has submitted that on 07.08.2015, the District Audit Officer, State Audit, Sanga Reddy, submitted a re-verification report on nine charges after the petitioner was suspended and that the said re-verification report, if considered in proper perspective, would absolve the petitioner of all the charges.

In our opinion, as the suspension of the petitioner was resorted to

having regard to the charges involving misappropriation of public money, it is not appropriate for this Court to interfere with such suspension at this stage. However, the petitioner shall be free to make a representation to respondent No.1 for revocation of his suspension based on the above re-verification report, dated 07.08.2015, pending the enquiry. If such representation is made, respondent No.1 shall consider the same, take appropriate decision and communicate the same to the petitioner within a period of one month of receipt of such representation.

Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.41689 of 2015 filed by the petitioner for interim relief and W.P.M.P.No.6648 of 2016 filed by the petitioner to receive the additional documents shall stand disposed of as infructuous.

______________________________ C.V.NAGARJUNA REDDY, J _____________________ M.S.K.JAISWAL, J 29th April, 2016 GHN