D. Chinnababaiah, S/O. D. Babaiah, v. The State Of Andhra Pradesh, Rep. By Its Principal

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.26615 OF 2017 ORDER:

This writ petition is filed challenging the impugned action of the 4th respondent in placing the petitioner under temporarily out of contract employment (suspension) vide proceedings dated 25.07.2017. The grievance of the petitioner is that the impugned order is passed without issuing prior notice. Learned counsel for the petitioner submits that the allegations leveled against the petitioner in the impugned order have no basis and the petitioner has not committed any irregularities.

On the other hand learned Standing Counsel for the 4th respondent submits that it is only suspension pending enquiry and the respondents will complete the enquiry after issuing show cause notice to the petitioner.

No notice is required before passing order of suspension pending enquiry. Suspension of an employee pending enquiry is not a punishment. The truth or otherwise of allegations can be gone into the enquiry to be conducted, but, at this stage no roving enquiry can be conducted.

In view of the above, the 2nd respondent is directed to complete the enquiry by following due procedure and take action within a period of six weeks from the date of receipt of a copy of this order.

Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending, shall stand closed.

_____________________________ A.RAJASHEKER REDDY, J 10.08.2017 tk