Parimal Bhowmik v. The State Of Telangana And 3 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY ,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI WRIT PETITION NO: 30406 OF 2022 Between:

Parimal Bhowmik, S/o Late Nirod Bihari Bhowmik, Aged about 60 Years, Occ. Divisional Administrative Officer, (under orders of Supension), O/o.Revenue Divisional Officer, Kaghaznagar, Kumuram Bheem Asifabad District ...PETITIONER AND The State of Telangana, represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad. The Chief Commissioner of Land Administration, State of Telangana, Hyderabad The District Collector, Komuram Bheem Asifabad District. The Revenue Divisional Officer, Kaghaznagar,Kumuram Bheem Asifabad District .,.

RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature WRIT OF MANDAMUS declaring the action of the respondents in not considering the claim of the petitioner for reinstatement into service as Divisional Administrative Officer even after lapse of nine months as illegal arbitrary unconstitutional and consequently direct the Respondents to reinstate the petitioner into service as Divisional Administrative Officer by reviewing the suspension orders vide Proc. No.A1176 412021-1 , dated 1 1.10.2021 in terms of G.O.Ms.No.86, G.A (Ser.C) Dept. dated 08.03.

lA NO: 1 OF 2022 Petition under Section '151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may L,e pleased to direct the Respondents to reinstate the petitioner into service as Divisional Administrative Officer by reviewing the suspension Proc. No.A'l /76 4l'2021-1 , dated i 11.10.2021 in terms of G.O.Ms.No.B6, G.A (Ser.C) Dept. dated 08.03.1994, pending disposal of writ petition Counsel for the Petitioner : SRl. KAVITHA P Counsel forthe Respondents : GP FOR REVENUE The Court made the following: ORDER

/ THE HONOURABLE SMT JUSTICE P. MADHAVI DEVI WRIT PETITION No.3O4O6 of 2022 ORDER:

This Writ Petition is filed seeking a Writ of Mandamus, declaring the action of the respondents in not considering the claim of the petitioner for reinstatement into service as Divisional Administrative Officer even after lapse of nine (9) months from suspension as illegal, arbitrary and unconstitutional.

It is submitted by the learned counsel for the petitioner that the petitioner has been placed under suspension on 1 1.10.2021 and in spite of lapse of nine (9) months, thereafter, the respondent authorities have not reinstated him into service as Divisiona-l Administrative Officer pending disciplinary action against him by reviewing \ suspension orders in terms of G.O.Ms.No.86, G.A(Ser.C) \ Dept, Dated O8.03.1994. He further submits that the petitioner has made a number of representations and none of the representations have been disposed of nor considered by the authorities.

r PMD, .] W.P.No.30406 OF 2022 Dt.25.O7 -2022 l 3.

The learned Government Pleader is heard.

He submits that representations of the petitioner will be considered in terms of G.0.Ms.No.86, G.A(Ser.C) Dept, Dated O8.03.1994.

4.

In view thereof, the third respondent is directed to consider the representations of the petitioner dated O9.lI.2O2l, 20.12.2021, 07.O4.2O22 & 1O.O5.2O2'2 in terms of G.O.Ms.No.86, G.A(Ser.C) Dept, Dated 08.03.1994 and to pass appropriate orders thereon within a period of four (4) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed. There shall be no order as to costs.

5.

Miscellaleous applications, pending if any, shall stand closed.

SD/.KFIISHNA KUMAR DEPUry REGISTRAR //TRUE COPY// sE(;TroN dFrtcrn To, I 1 . The Principal Secretary, Revenue Department, Secretariat Buildings, State of Telangana Hyderabad.

2. The Chief Commissioner of Land Administration, State of Telangana' Hyderabad

3. The District Collector, Komuram Bheem Asifabad District.

4. The Revenue Divisional Officer, Kaghaznagar,Kumuram Bheem Asifabad District

5. One CC to SRl. KAVITHA P Advocate [OPUC]

6. Two CCs to GP FOR REVENUE,H|gh Court for the State of Telangana. tourl

7. Two CD Copies

8. One spare copy t*rh*-, I RS

HIGH COURT DATED:2510712022 tht ,q 19 Sti) 2ff1I 'dtt\ r,-l '_:i:;_:

ORDER

WP.No.30406 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS rvtoDLlIY-