A.Venkataswamy v. The Singareni Collieries Company Limited,

[ 33001 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 1102 OF 2017 Between:

A.Venkataswamy, s/o Mallaiah, aged AboV! 1-0 -Y99-rs ^ occ Electrician Sinqareni Collieries Co. Limited, r/o H./No. 6-132112' RK-6, Colony Srirampur, Karimnagar District.

...PETITIONER AND The Singareni Collieries Company Limited, rep. by its General Manager, Singareni Bhavan, Hyderabad.

The Deputy General Manager, Singareni Collieries Company Limited Adriyala LW Project, Karimnagar.

...RESPONOENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in continuing the petitioner herein under suspension beyond 3 months inspite of submitting the explanation dl. 24-10-20'16 to the suspension orders issue by the 2nd respondent dt. 19-'10-2016 bearing Ref.No. APtuGDK.10/16/Ri006/3879' as being illegal, arbitrary, unilateral and unco nstitutional and consequently set aside the same.

l.A. NO: 1OF 2017(WPMP. NO: 1217 OF 20171 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to reinstate the petitioner into service by suspending the suspension order dt.

19-10-2016 bearing Ref.No

APA/GDK.10/ l6/R/006/3879, issued by the 2nd respondent, pending disposal of the main Writ Petition.

Counsel for the Petitioner: SRI RAGHAVAN K.THALAPAKA Counsel for the Respondents: SRI P.SRI HARSHA REDDY, SC FOR SCCL The Gourt made the following: ORDER I I l z

wp 1102-2011 NB(, J THE HON'BLE SRI IUSTICE NAGESH BHEEMAPAKA WRITPETITION No.1102 of2Ol7 ORDER:

The petitioner is an Electrician in the respondent-Singareni Collieries. On a complaint made by one Gomasa Rajam S/o Ankulu against several persons, wherein the petitioner is shown as Accused No.24, alleging that the accused have duped several unemployed \ persons by collecting cash to the tune of Rs.1,61,90,000/- and promising jobs in the respondent-Company, a case in Crime No.129 of 20 L6 of Bellampalli Town Police Station was registered for the offences punishable under Sections 420, 290, 406 read with 34 IPC. The petitioner; alleging that he was falsely implicated and there are no specific allegations against him, filed this writ petition contending that the respondent authorities have placed him under suspension based on the registration of Crime No.129 of 2016 wherein he is falsely implicated, and therefore the suspension is illegal and arbitrary. 2.

This Court, while admitting the writ petition on 06.01.2017, passed the following interim order in WPMP No.'1,277 of 2017: "Since the charges mentioned in the impugned suspension order-cum-Charge Memo dt.19.10.2016 are vague and no particulars of charges are mentioned, there cannot be a suspension on the basis of these charges nor can there be an enquiry. Therefore, there shall be interim direction as prayed for."

3.

When the matter is taken up, learned counsel for the petitioner submits that the cause in the writ petition does not survive.

wp_l102 2017 NBK, J 4.

Considering the submission made, and moreover in view of the interim orders dated 06.07.2077 directing that there can neither be suspension nor enquiry, given the vagueness ofthe charges, this Court is of the view that no further orders are required in the writ petition' 5.

Accordingly, the writ petition is closed. No costs. Miscellaneous petitions pending, if any, shall stand closed. SD/- L. VIJAYA LAXMI ASSISTANT REGISTRAR //TRUE COPY// secrroJTr-rrcen To,

1. One CC to SRI RAGHAVAN K THALAPAKA' Advocate IOPUCI One CC to SRI P.SRI HARSHA REDDY' SC FOR SCCL [OPUC]

3. Two CD CoPies BSR Y^q,

HIGH COURT DATED:0610212025 ,), + 'J ,o to 17 ,JUN M ir ] '+ * .d o cI PA s

ORDER

WP.No.1102 of 2017 CLOSING THE WRIT PETITION, WITHOUT COSTS "^\5\,3