A. Chandrasekhar Reddy v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.25555 of 2019 ORDER:

Heard Sri M.Ajay Kumar, learned counsel for the petitioner and the learned Government Pleader for Services (Home). With the consent of learned counsel for the respective parties, this Writ Petition is being disposed of at the admission stage.

This writ petition is filed seeking the following relief :- ".........Writ of Mandamus declaring the action of the 3rd respondent by passing the suspension order vide Rc.No.316/A52017, dated 27.05.2017 by suspending petitioner from service basing on the report of DSRP, Kazipet dated 28.03.2017 without reviewing the suspension order every six months as illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of India and consequently to set aside the same by directing the 3rd respondent to reinstate the petitioner into service as RPC 104 of RPS Khammam and pay the monitory benefits and to pass such other order or orders............"

It has been contended by the petitioner that he is working as a Reserve Police Constable and while he was discharging his duties, the 3rd respondent vide order dt.27.05.2017 placed him under suspension basing on the report submitted by the DSRP, Kazipet on 28.03.2017. Learned counsel for the petitioner contends that though more than 6 1⁄2 years elapsed from the date of suspension, the respondents are neither reviewing the

suspension orders nor initiating disciplinary action against the petitioner. Therefore, learned counsel for the petitioner contends that appropriate orders be passed in the writ petition directing the respondents to review the suspension orders dt.27.05.2017 strictly in terms of G.O.Ms.No.86, dt.08.03.1994.

Learned Government Pleader appearing for the respondents contends that the case of the petitioner would be considered strictly in terms of G.O.Ms.No.86, dt.08.03.1994 and appropriate orders would be passed in accordance with law.

This Court, having considered the rival submissions of the learned counsel appearing for the respective parties, is of the considered view that this writ petition can be disposed of directing the respondents to review the suspension orders of the petitioner dt.27.05.2017, strictly in terms of G.O.Ms.No.86 dt.08.03.1994 and pass appropriate orders in accordance with law, 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 costs.

Pending miscellaneous petitions, if any, shall stand closed.

________________________________ ABHINAND KUMAR SHAVILI, J Date: 09-12-2019 dv