N. Venkataramana Swamy v. The State Of Telangana And 3 Others

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.25363 of 2019 ORDER:

This writ petition is being disposed of at the admission stage with the consent of both parties.

This writ petition is filed seeking the following relief: "..to issue an appropriate writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned proceedings No.A2/347/2019, dated 16.03.2019, issued by respondent No.2 for suspension under Rule 8(1) of APCS (CC & A) Rules, 1991 under disobedient to the petitioner's duties to the higher officer, misbehaviour in the office and absconding to duties after lapse of 6 months without any enquiry by violating U.O.Note No.2776/SC.E/98-1, General Administration (SC.E) Department, dated 03.12.1998 for review every 6 months as per G.O.Ms.No.480, dated 07.09.1993 & 86, dated 08.03.1994 neither pay the regular salaries as illegal, arbitrary and against the principles of natural justice."

Heard Sri K. Buchi Babu, counsel for the petitioner, and Government Pleader for Services-III.

It has been contended by the petitioner that while he was working as Senior Assistant with the 4th respondent, the 2nd respondent has placed him under suspension vide proceedings dated 16.03.2019. Thereafter, the 2nd respondent has not initiated any further action despite lapse of more than six months from the date of passing

of the suspension orders nor is reviewing the suspension orders in terms of the Rules.

Counsel for the petitioner contended that appropriate orders be passed in the writ petition directing the 2nd respondent to review the suspension orders dated 16.03.2019 of the petitioner in terms of G.O.Ms.No.86 dated 08.03.1994.

Government Pleader appearing for the respondents had contended that the case of the petitioner would be considered and the 2nd respondent would review the suspension orders of the petitioner strictly in terms of G.O.Ms.No.86 dated 08.03.1994. This Court, having considered the submissions of learned counsel for respective parties, is of the considered view that this writ petition can be disposed of directing the 2nd respondent to review the suspension orders dated 16.03.2019 of the petitioner strictly in terms of G.O.Ms.No.86 dated 08.03.1994 and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order.

With the above directions, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ______________________________ ABHINAND KUMAR SHAVILI, J 19th November 2019 v v