Sri K. Narsing Rao v. The State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.20937 OF 2018 Dated:22.06.2018 Between:

Sri K. Narsing Rao, S/o. K. Narsing Rao, Aged 32 years, Occ: main Sweeper in Osmania General Hospital, Caste: SC, R/o.H.No.3-6-917, Datta Nagar, Narayanaguda, Hyderabad .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Medical and Health Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.20937 OF 2018 ORDER:

Heard.

2.

Petitioner is working as Sweeper in Osmania General Hospital, Hyderabad. By the order impugned, petitioner is placed under suspension. It appears, the suspension is on account of arrest of the petitioner in connection with a crime registered against him. The suspension order is challenged on the ground that prior to suspending him, he was neither put on notice nor opportunity was given to him. Petitioner claims that without calling for the explanation, straight away suspension could not have been made. 3.

Suspension per se does not affect the conditions of service. Rule 8 of the Telangana Civil Services (Classification, Control and Appeal) Rules, 1991 does not envisage prior notice or opportunity before placing any employee under suspension. Reading of the order impugned itself would show that based on the material placed before the competent authority, he has exercised powers of disciplinary control to place the petitioner under suspension. Against the order of suspension, petitioner has remedy of appeal and without availing the said remedy, this Writ Petition is filed.

4.

The Writ Petition is accordingly dismissed leaving it open to the petitioner to avail the remedy of appeal. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:22.06.2018 KH