Prof Dr Cherla Rajamouli v. Dr Br Ambedkar Open University

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.23846 of 2019

ORDER

This writ petition is filed seeking the following relief: "......to pass orders one in the nature of Writ of Certiorari calling for the entire record related with the impugned order No.44/Estt/Admn.I/2019-20, dated 30.04.2019 and declare that the action of respondents suspending the petitioner indefinitely is illegal, arbitrary, in violation of Article 21 and against the principles of natural justice as such it is liable to be set aside and pass such other order or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and render justice."

Heard Sri K.Venkat Reddy, learned counsel appearing for the petitioner, and Sri M.Ratna Reddy, learned Standing Counsel appearing for the respondents.

It is the case of the petitioner that he is working as Professor in the respondent-University. While so, the respondents have placed him under suspension vide proceedings dated 30-04-2019 on flimsy grounds. Except placing the petitioner under suspension, no further disciplinary action has been taken against him. Learned counsel appearing for the petitioner contended that though six months have elapsed, the respondents have

not taken steps for revocation of the suspension order. It is prayed that appropriate orders be passed in the writ petition directing the respondents to revoke the suspension order in terms of the Regulations of the respondent-University and also to conclude the disciplinary proceedings if the respondent-University intends to initiate disciplinary proceedings against the petitioner.

Learned Standing Counsel appearing for the respondent-University contended that the charge memo was issued to the petitioner and an enquiry officer was also appointed and that the respondents would conclude the disciplinary proceedings within a reasonable time. It is further contended that the suspension of the petitioner would be revoked in accordance with the Regulations of the respondent-University and appropriate orders would be passed.

Having considered the rival submissions made by the learned counsel on either side, this Court is of the considered view that this writ petition can be disposed of directing the respondents to revoke the suspension order dated 30.04.2019 strictly in terms of Regulations of the respondent-University and pass appropriate orders. The respondents are further directed to conclude the disciplinary proceedings within a

period of six months from the date of receipt of a copy of this order.

Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed.

_____________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date: 05.11.2019 rkk