K.Damodar, v. The Divisional Engineer Electrical,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.28313 of 2016 ORDER:

Heard the learned counsel for petitioner and the learned Standing Counsel for respondents.

2. The petitioner is working as a Line Inspector in the first respondent company since 28.03.1992.

He was placed under suspension by proceedings of the first respondent dated 25.07.2016 on the ground that the petitioner abused his superior officer by using un-parliamentary language in front of the subordinate staff members on 08.07.2016. In that connection, a case was registered in FIR No.415/2016 on the file of the Malkajgiri Police Station, Cyberabad and it is pending.

3. It is the case of the petitioner that due to personal rivalry with the superior officer, the case was booked and the superior officer was not marking his attendance also on several occasions. He also submitted a complaint against the second respondent to the first respondent in treating certain duty days as absent. The petitioner states that the signatures of the co-employees were obtained on 07.07.2016 and the said complaint was lodged on 08.07.2016 in a preplanned manner. Challenging the order of suspension dated 25.07.2016, the present writ petition is filed.

4. A reading of the impugned order shows that apart from the fact of pendency of a criminal complaint, the departmental proceedings were also initiated against the petitioner. Even after one month, no charge sheet is issued to the petitioner in respect of departmental proceedings. This Court is not inclined to entertain the pleas of the petitioner with regard to allegations leveled against the superior officer which resulted in registering the said complaint and initiation of departmental proceedings, but the petitioner cannot be kept under suspension for an indefinite period. At this stage, this Court is not inclined to interfere with the order

of suspension.

5. In the circumstances, this writ petition is disposed of directing the first respondent to complete the departmental proceedings within a time frame, preferably within a period of three months from the date of receipt of a copy of this order, in accordance with law. It is needless to observe that the petitioner shall cooperate with the completion of the departmental proceedings.

6. The writ petition is, accordingly, disposed of. No order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

_______________________________ A.RAMALINGESWARA RAO, J Date: 23.08.2016 TJMR