Kondareddy Mallikarjuna v. The Telangana State Power Generation Corporation Limited,

HONOURABLE SRI JUSTICE P.NAVEEN RAO Between:

Kondareddy Mallikarjuna, s/o. Bheemaiah, Aged 46 years, occu: Artisan Grade-IV, O/o. Executive Engineer/Civil/SLBHES/ Srisailam Dam West, r/o. H.No.2/45, Eagalapenta, Nagarkurnoool district.

.....Petitioner and The Telangana State Power Generation Corporation Limited ( A Govt. of Telangana State undertaking), rep.by its Chairman and Managing Director, Vidyut Soudha, Hyderabad and others.

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

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Petitioner is aggrieved by the order dated 28.12.2018, where under he was placed under suspension.

2.

According to learned counsel for petitioner, in the order of suspension there was a reference to paragraph-13(2)(e)(n) of T.G.O.O.No.543/CGM(HR)/2017, dated 14.11.2017, whereas said paragraph is applicable to termination of service and before invoking said paragraph, detailed procedure is required to be followed, but no such procedure was followed and straightaway order of suspension was issued. He also contends that petitioner is no way responsible and false case was foisted on him.

3.

A bare look at the order of suspension, basing on the material placed before him, the competent authority considered the issue and having prima facie found something against the petitioner, he was placed under suspension. It appears that petitioner was arrested on 13.12.2018 and was in police custody and he was also unauthorizedly absent. There is no requirement of issuing notice and afford opportunity before placing an employee under suspension. Prima facie, I do not see any error in the decision arrived at by the competent authority warranting interference at this stage. Leaving it open to petitioner to avail remedy of filing appeal to the higher authority or to seek review on further continuation under suspension to the same authority, the Writ Petition is dismissed. Pending miscellaneous petitions shall stand closed.

__________________________ JUSTICE P.NAVEEN RAO kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO kkm