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High Court for State of TelanganaWP/35815/2016disposed of no costs

Polisetti Kanaka Mahalakshmi, v. The State Of Andhra Pradesh, Civil Supplies Department,

2016-10-24S.V.Bhatt2 pages

THE HON'BLE SRI JUSTI CE S.V.BHATT W RI T PETI TI ON No.3 5 8 1 5 of 2 0 1 6 ORDER:

Petitioner substantially complains against the continued suspension pursuant to proceeding dated 18.01.2016 and not concluding the enquiry as illegal, arbitrary and unconstitutional. 2.

I have perused the proceeding dated 18.01.2016. This Court is of the view that the merits need not be considered, at this juncture, for the primary authority is seized of the issue. 3.

One of the objections of the petitioner is that keeping the authorization under suspension till the conclusion of 6-A enquiry is unavailable and illegal. Therefore, he prays for setting aside the proceeding dated 18.01.2016.

4.

The Assistant Government Pleader, on the other hand, forcibly contends that the limited meaning given to the words 'till the conclusion of 6-A case' is incorrect. If the petitioner is so advised, petitioner can certainly file additional explanation and this Court can direct the third respondent to dispose of the issue pending in Ref.No.1882/ 2015.

5.

The Court is satisfied that without expressing any view on the merits, the writ petition can be disposed of by this order: a) Petitioner is given liberty to file additional explanation along with copy of this order to third respondent within two (2) weeks from the date of receipt of copy of this order.

b) On receipt of such explanation together with copy of this order, the third respondent disposes of the case pending in Ref.No.1882/ 2015 in accordance with law within a further period of eight (8) weeks thereafter. The writ petition is disposed of. As a sequel, the miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.

____________ S. V. BHATT, J October 24, 2016 DSK