Ch. Satyanarayana v. The Additional Director
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.16129 OF 2018
O R D E R
As per the averments made in the writ affidavit, petitioner has been working as Post Graduate Teacher and was posted as Principal of Model School (FAC), Karvirala Village, Nandigudem mandal, Suryapet District. Vide proceedings of the 1st respondent - Additional Director, Model Schools in Rc.No.157/B1/MS/TG/14 dated 5.1.2016, he was placed under suspension on the allegation of misappropriation of school funds sanctioned by the Head Office. The grievance of the petitioner is that since the date of his suspension, he has not been paid subsistence allowance and that though he has been continued under suspension for a period exceeding two years, his case is not being considered for review in terms of G.O.Ms.No.526, General Administration (Services - C) Department dated 19.08.2008. Ventilating his grievance, he made representations dated 2.2.
2017 and 3.5.2017 to the District Educational Officer, Suryapet and he forwarded the same vide Lr.No.2881/B1/2017 dated 04.05.2017, to the Director of School Educational, Model Schools, RMSA, TS, Hyderabad. Vide report of the District Educational Officer, Suryapet in Lr.No.2881/B1/2017 dated 15.02.2018, the petitioner is found to have misappropriated an amount of Rs.4,30,114/-. The 3rd respondent - Commissioner and Director of School Education, by proceedings in Rc.No.157/A1/MS/2014 dated 18.04.2018, issued show cause notice to the petitioner. Now in this writ petition, petitioner is aggrieved by the action of the respondents in not paying subsistence allowance and in not reviewing his case in terms of G.O.Ms.No.526 dated 19.08.2008.
Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Services.
Since the representation of the petitioner was forwarded by the Educational Officer Suryapet, to the 3rd respondent - Director of School Education vide Lr.No.2881/B1/2017 dated 04.05.2017, the said authority is directed to consider the proposals and issue orders for payment of subsistence allowed in accordance with rules, if not already issued. The 3rd respondent is further directed to consider the case of the petitioner for review in terms of G.O.Ms.No.526 dated 19.08.2008 in accordance with law and take appropriate action.
The above exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.
It is made clear that this order will not preclude the competent authority from proceeding with the inquiry against the petitioner pursuant to show cause notice dated 18.04.2018 in accordance with law. Writ petition is disposed of accordingly.
Miscellaneous petitions pending, if any, shall stand closed. No costs. -------------------------------------- A.RAJASHEKER REDDY,J DATE:01-05-2018 AVS