M.Sudhakara Reddy v. The State Of Telangana

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.22947 of 2020 ORDER:

This writ petition is being disposed of at the admission stage with the consent of learned counsel for the respective parties.

This writ petition is filed seeking the following relief: ".... to issue issue writ order or direction more particularly one in the nature of writ of Mandamus to declare the impugned the action of the respondents in not considering the case of the petitioner in the matter of suspension against him in proceedings D.O. No.7823, No.HCP/BI/B7/0049/2019, dated 11.09.2019 in terms of law of the case declared in (2015) 7 Supreme Court Cased 291, as illegal, improper, arbitrary, unconstitutional and against the principles of natural justice, contrary to law of judgment, and consequently, direct the respondents to consider the case of petitioner in the matter of suspension proceedings D.O.

No.7823, No.HCP/BI/B7/0049/2019, dated 11.09.2019 in terms of law of the case declared in (2015) 7 Supreme Court Cased 291, and pass appropriate proceedings revoking suspension against him immediately and to pass such other order or orders ......"

Heard Sri D. Srinivas Reddy, learned counsel appearing for the petitioner, and the learned Special Government Pleader for Home appearing for the respondents. It has been contended by the petitioner that he is working as a Head Constable in City Armed Reserve, Head

Quarters Office at Hyderabad. While so, the Disciplinary Authority had placed him under suspension vide proceedings D.O. No.7823, No.HCP/BI/B7/0049/2019, dated 11.09.2019 on the ground that he was involved in a Anti-Corruption Bureau case. The grievance of the petitioner is that though more than six months have elapsed, the respondents have not reviewed the said suspension orders.

Learned counsel for the petitioner, therefore, contended that the writ petition be disposed of directing the respondents to review the suspension orders in terms of G.O.Ms.No.86, dated 08.03.1994 and pass appropriate orders in accordance with law.

Learned Special Government Pleader appearing for the respondents had contended that the respondents would review the suspension orders in accordance with the Rules and pass appropriate orders in accordance with law. This Court, having considered the rival submissions made by learned counsel for the respective parties, is of the considered view that this writ petition can be disposed of directing the respondents to review the suspension orders initiated against the petitioner in terms of G.O.Ms.No.86, dated 08.03.1994 and pass appropriate orders in accordance with law within a reasonable period, preferably within a period of three months from the date of receipt of a copy of this order.

With the above observations, this writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed.

________________________________ ABHINAND KUMAR SHAVILI, J 16.12.2020 Msr

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.22947 of 2020 16.12.2020 (Msr)