E.Srinivas v. The Honble Principal Secretary Municipal Administration And Urban Development

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO.25867 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 a writ of Mandamus directing the respondents to consider the petitioner's request for rejoining in the service and take a decision as early as possible in his favour. Heard Sri Shaik Karimulla, counsel for the petitioner, and Government Pleader for Service-III.

It has been contended by the petitioner that he is working as Senior Assistant and on certain allegations, he was placed under suspension vide proceedings dated 25.05.2017 and thereafter disciplinary action was initiated against him. Counsel for the petitioner contended that as per the Rules, the respondents were to review the suspension orders, but so far the respondents are not reviewing the suspension orders. Therefore, counsel for the petitioner contended that appropriate orders be passed in the writ petition directing the respondents to review the suspension orders dated 25.05.2017 strictly in terms of G.O.Ms.No.86 dated 08.03.1994 and pass appropriate orders in accordance with law. Government Pleader appearing for the respondents had contended that the case of the petitioner would be reviewed strictly in terms of G.O.Ms.No.86 dated 08.03.1994 and appropriate orders

would be passed if only the petitioner submits a representation seeking revocation of the suspension orders.

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 petitioner to submit a representation afresh to the respondents within a period of two weeks from the date of receipt of a copy of this order, staking his claim for revocation of the suspension orders dated 25.05.2017. Upon such a representation being received, the respondents shall review the suspension orders of the petitioner in terms of G.O.Ms.No.86 dated 08.03.1994 and pass appropriate orders in another six weeks thereafter.

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 25th November, 2019 v v