K.A. Rajagopal v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.29726 OF 2017 ORDER:

The Writ Petition is filed to declare the action of respondents in not conducting review of petitioner's suspension order issued vide Memo No.DEE/O/HUP/JAO/ADM/C2/D.No.17/16, dated 04.01.2017, by respondent No.3, in terms of G.O.Ms.No.86, General Administration (Ser.C) Department, dated 08.03.1994, even after filing of charge sheet, as illegal and arbitrary, and consequently, to direct the respondents to conduct review of the suspension order, dated 04.01.2017, and to reinstate the petitioner into service.

2. The case of the petitioner is that he was working as Junior Lineman, Operation Section, Lepakshi, Ananthapuram District. In view of the complaint lodged against him, respondent No.3, by virtue of the powers conferred on him under Regulation 11 (b) of the Andhra Pradesh State Electricity Board Disciplinary and Appeal Regulations, as adopted by APSPDCL, vide the impugned Memo, dated 04.01.2017, placed him under suspension with effect from 03.01.2017. The said complaint was registered as crime No.82 of 2016 of Lepakshi Police Station for the offences punishable under Sections 302, 304B and 201 I.P.C. and subsequently, petitioner was granted bail. Though the Government issued G.O.Ms.No.86, dated 08.03.1994, providing review of suspension at the end of every six

months, no such review was undertaken and the petitioner is made to continue under suspension. Therefore, the petitioner made a representation on 24.04.2017 to review the suspension order as per G.O.Ms.No.86, dated 08.03.1994. Since, no action is taken yet, the present Writ Petition is filed.

3. Heard Sri K. Ramalingeswara Rao, learned counsel for the petitioner, and Ms. J. Koteswari Devi, learned Standing Counsel for respondent Nos.2 to 4.

4. Since the representation of the petitioner is already pending before the authorities and the respondents are obligated to review the suspension order in terms of G.O.Ms.No.86, dated 08.03.1994, the competent authority is directed to consider the case of the petitioner in terms of the said Government Order and take action accordingly. If the representation of the petitioner is not available with the authorities, it is open to the petitioner to make a fresh representation.

5. With the above direction, the Writ Petition is disposed of. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs. __________________________ A. RAJASHEKER REDDY, J September 05, 2017 MD

HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.29726 OF 2017 September 05, 2017 MD