K. Madhavi v. The State Of Andhra Pradesh

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice M.S.K.Jaiswal Writ Petition No.14809 of 2016 Date: 28.04.2016 Between:

K.Madhavi .. Petitioner and State of Andhra Pradesh rep. by its Prl.Secretary Hyderabad and 3 others.

.. Respondents Counsel for the petitioner : Mr.K.Ram Reddy Counsel for respondent Nos.1 to 3: GP for Services (AP) The Court made the following:

Order : (Per Hon'ble Sri Justice C.V.Nagarjuna Reddy)

Refusal to interfere with the order of suspension pending conclusion of disciplinary proceedings against the petitioner by the Andhra Pradesh Administrative Tribunal at Hyderabad (for short 'the Tribunal') is assailed in this Writ Petition by the unsuccessful applicant in the said OA, who was kept under suspension on the allegation that she was responsible for removal of certain huge trees without taking permission from the Forest Department and that she has failed to credit the sale proceeds of the timber/wood of the felled trees in the account of the Andhra Pradesh Women's Cooperation Finance Corporation Limited. The petitioner has, however, denied the said allegation and pleaded her innocence. As observed above, the Tribunal declined to interfere with the order of suspension and in our view rightly.

Ordinarily, the act of suspension pending enquiry is not perceived as punishment. Considering the nature of the allegations against the petitioner, we are of the opinion that the Tribunal has not committed any jurisdictional error in declining to interfere with the order of petitioner's suspension. Having regard to the nature of the

allegations against the petitioner, we feel that completion of enquiry does not consume much time. Therefore, respondent No.2 is directed to ensure that the disciplinary proceedings pending against the petitioner are concluded and a final order is passed within three months from the date of receipt of this order.

Subject to the above directions, the Writ Petition is disposed of.

As a sequel to disposal of the Writ Petition, WPMP.No.18414 of 2016, filed by the petitioner for interim relief, is disposed of as infructuous.

______________________ (C.V.Nagarjuna Reddy, J) _______________ (M.S.K.Jaiswal, J) Dt: 28th April, 2016 lur