V. Sathish v. The State Of Telangana

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice G.Shyam Prasad Writ Petition No.22038 of 2016 Date: 08.07.2016 Between:

V.Sathish ..Petitioner and Additional Director General of Police CID Telangana Hyderabad and 5 others ..Respondents Counsel for the petitioner: Mr.J.Sudheer Counsel for respondent Nos.1 to 5: GP for Services (AP) The Court made the following:

Order: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) The petitioner's suspension from the post of Assistant Sub-Inspector of Police, pending departmental enquiry, was questioned before the A.P. Administrative Tribunal at Hyderabad (for short 'the Tribunal') in OA.No.989 of 2016.

The petitioner failed to persuade the Tribunal to

interfere with the order of suspension. Hence, he has filed this Writ Petition.

In our opinion, since the order of suspension was passed only to facilitate proper enquiry, the same cannot be perceived as a punishment. Hence, we are not inclined to exercise the power of judicial review on the facts of this case.

At the hearing, Mr.J.Sudheer, learned Counsel for the petitioner, submitted that his client has already filed his explanation to the charge memo.

In these facts and circumstances of the case, respondent No.1, who is stated to be the disciplinary authority, is directed to complete the enquiry, pass a final order and communicate the same to the petitioner within three months from the date of receipt of this order. It is made clear that respondent No.1 shall decide the case without being influenced by any of the observations made by the Tribunal in the impugned order.

Subject to the above direction, the Writ Petition is disposed of.

As a sequel to disposal of the Writ Petition,

WPMP.No.27094 of 2016, filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) _________________ (G.Shyam Prasad, J) Dt: 8th July, 2016 lur