Aravind Raj v. The State Of Telangana, And 2 Others

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.19621 OF 2019 Date: 20.09.2019 Between:

Aravind Raj S/o.late Maheshwar Prasad, Aged about 57 yrs, Occu : Senior Assistant, (Under Suspension) Establishment Section, Rajendranagar Circle, Greater Hyderabad Municipal Corporation, R/o.H.No.22-5-904, Charminar East, Hyderabad.

.....Petitioner And The State of Telangana, Rep., by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad & others.

.....Respondents The Court made the following:

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.19621 OF 2019 ORDER:

Heard learned counsel for the petitioner, learned Government pleader for respondent No.1 and learned Standing counsel for respondents 2 and 3.

2.

Petitioner is aggrieved by the order of Deputy Commissioner, Rajendra Nagar Circle-XI, Greater Hyderabad Municipal Corporation, dated 11.07.2017, whereunder, he was placed under suspension.

3.

According to learned counsel for the petitioner, so far suspension is not reviewed; that there is no progress in Crime No.1419 of 2017 registered on 11.07.2017 in Rajendra Nagar Police Station; there is no progress in the disciplinary proceedings till date. He further submits that so far petitioner is not paid subsistence allowance also.

4.

Learned Standing counsel, do not dispute the fact that subsistence allowance is not paid but he is trying to assert that petitioner was not reporting and that that he is leaving the headquarters without the permission.

5.

It appears, suspension is not reviewed so far and there is no progress in criminal proceedings or in the departmental proceedings. Further, so far no notice was issued on the aspect of leaving the head quarters. There was no direction to report to office everyday therefore, employee can not be compelled to come to office and on that ground deny payment of subsistence allowance. 6.

Having regard to the same, the Writ Petition is disposed of, directing the Commissioner, GHMC-2nd respondent to review

further desirability of continuing the petitioner under suspension within four (4) weeks from the date of receipt of copy of this order. Within two (2) weeks from the date of receipt of copy of this order, subsistence allowance payable to the petitioner shall be drawn and paid. Pending miscellaneous petitions, if any, shall stand closed. ___________________ P.NAVEEN RAO, J 20th September, 2019 Rds