Arja Tata Rao v. The State Of Andhra Pradesh Department Of Cooperation

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.2665 OF 2015 Date:10.02.2015 Between:

Arja Tata Rao .. Petitioner And The State of Andhra Pradesh, Department of Cooperation, rep., by its Principal Secretary, A.P. Secretariat, Secretariat Buildings, Hyderabad and others .. Respondents

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.2665 OF 2015 ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for Cooperation.

The petitioner herein was given a show cause notice by the Special Officer, the 4th respondent herein, dated 23.01.2015, pointing out certain irregularities against him and requiring him to submit explanation by 27.01.2015 as to why he should not be placed under suspension as per the directions of the Deputy Registrar. The petitioner states that he received the said show cause notice in the afternoon of 23rd January, 2015 and thereafter 24.01.2015 was a Saturday and 26.01.2015 and 27.01.2015 were public holidays. Hence, he made a representation, dated 27.01.2015, seeking copies of the audit report and other documents to enable him to explain 9 queries raised against him. However, the 4th respondent passed the impugned order, dated 28.01.2015, placing the petitioner under suspension on the ground that he did not submit his explanation in time. The said order of suspension is challenged in this Writ Petition. Learned counsel for the petitioner, however, states that the petitioner has submitted explanation and substantiated that none of the charges framed against him are sustainable.

In that view of the matter, the Writ Petition is disposed of giving liberty to the petitioner to submit a detailed explanation to the show cause notice, referred to above, and after considering the said explanation, the Special Officer, the 4th respondent herein, shall pass appropriate further orders either revoking or continuing the suspension, preferably within a period of two weeks from the date of receipt of the explanation from the petitioner. There shall be no order as to costs.

The Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ VILAS V. AFZULPURKAR, J 10.02.2015 KH