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High Court for State of TelanganaWP/11533/2016disposed of no costs

Gade Sunil Kumar, v. The Telangana State Power Generation Corporation Limited,

2016-08-08A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.11533 of 2016 ORDER:

The petitioner has been working as Plant Attendant at KTPS (O&M) in the respondent Corporation. The petitioner was involved in criminal case in Cr. No.54/2016 on the file of P.S. Paloncha Town, which was registered under Sections 354(D) and 452 of IPC. He was arrested on 08.02.2016 and was enlarged on bail on 10.02.2016. On the ground of registration of crime against the petitioner and his arrest beyond 48 hours, he was placed under suspension by proceedings dated 02.03.2016. Challenging the same, the present writ petition was filed.

Learned counsel for the petitioner submits that a Division Bench of this Court, in identical circumstances, in the case of P.Rajender v. Union of India[1], observed that suspension cannot be ordered in a routine manner simply because the rules enable it and the authorities have to consider the public interest and also the relevant facts and circumstances. In view of the above submission, since it is for the authorities to take a decision, this Writ Petition is disposed of by directing the respondents to take into consideration the decision of Division Bench of this Court in P.Rajender's case (supra) and review the order of suspension passed on 02.03.2016 within a period of two (2) weeks from the date of receipt of a copy of this order. No order as to costs.

Miscellaneous Petitions pending, if any, shall stand closed. _______________________________ A.RAMALINGESWARA RAO, J 08.08.2016

MVA [1] 2001 (5) ALD 290 (DB)