C. Kubbaji Rao S/O. Urukundappa v. The State Of Andhra Pradesh Rep., By Its Principal Secretary

HON'BLE SRI JUSTICE A.V.SESHA SAI Writ Petition No.3714 of 2016 ORDER:

This writ petition is filed seeking to quash the impugned charge of Article as well as suspension orders passed by the 3rd respondent vide Rc.No.1115/09/A6 dated 15.06.2009, with a consequent direction to respondents 1 to 4 to give with all benefits including full salary and notional seniority by treating the petitioner as on duty.

2. Heard Sri G.L.Narasimha Rao, learned counsel for the petitioner, learned Government Pleader for Home and Sri T.Sudhakar Reddy, learned standing counsel for the A.P. State Housing Corporation.

3. The 3rd respondent-District Collector/Executive Director, A.P. State Housing Corporation, Kunrool passed an order by proceedings in Rc.No.1115/09/A6 dated 15.06.2009, placing the petitioner under suspension on certain allegations. The grievance of the petitioner is that despite lapse of considerable length of time, the authorities have not concluded the enquiry so far against the petitioner and due to which the petitioner is suffering severe mental agony. Learned counsel for the petitioner submitted that as the enquiry was initiated as long back as in the year 2009, there is no justification on the part of the Authorities for not concluding the enquiry. It is also submitted that in view of the same, the impugned orders are liable to be set aside.

4. On the contrary, it is submitted by the learned standing counsel for Respondents 2 to 5 that in view of the gravity of the charge, the petitioner is not entitled for any reliefs in this writ petition under Article 226 of the Constitution of India.

5. There is absolutely no dispute with regard to the fact that as

long back as on 15.06.2009, the petitioner was placed under suspension by the 3rd respondent-District Collector, Kurnool by framing certain charges. This court does not find any justification on the part of the respondents-Authorities in not concluding the enquiry despite long lapse of considerable time. In view of the same, this court deems it appropriate to dispose of the writ petition, directing the respondents to conclude the enquiry against the petitioner by fixing some time frame.

6. For the afore mentioned reasons, this writ petition is disposed of directing the respondents to conclude the disciplinary enquiry initiated against the petitioner herein and pass appropriate orders pursuant to the charges framed by the 3rd respondent-District Collector, Kurnool, within a period of two (2) months from the date of receipt of a copy of this order, in accordance with law. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

_________________ A.V.SESHA SAI, J Date: 17.02.2016 BSS HON'BLE SRI JUSTICE A.V.SESHA SAI Writ Petition No.3714 of 2016

Date: 17.02.2016 BSS