M. Srinivas Shanker v. The State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M.GANGA RAO WRI T APPEAL NO.1127 OF 2018 JUDGMENT: (per SK,J) The petitioner in W.P.No.25489 of 2018 is the appellant. He is aggrieved by the order dated 25.07.2018 passed in the said writ petition. Perusal of the prayer in the writ petition reflects that the appellantpetitioner assailed the action of the Collector and District Magistrate, Vikarabad, in placing him under suspension vide proceedings dated 14.06.2018 and the Charge Sheet dated 14.06.2018 issued by the said Collector. The learned Judge opined that the District Collector was competent to place the appellant-petitioner under suspension up to a maximum period of three months.

Further, the learned Judge was of the opinion that as the issue related to unauthorised absence from duty, it did not require an elaborate enquiry and accordingly disposed of the writ petition directing the District Collector, Vikarabad, to ensure that the enquiry was completed as expeditiously as possible and preferably within a period of two months from the date of receipt of a copy of the order. Smt.K.Udaya Sri, learned counsel for the appellant-petitioner, would contend that the District Collector, Vikarabad, also surrendered the appellant-petitioner to the Chief Commissioner of Land Administration, Telangana, vide order dated 14.06.2018.

However, we find that this aspect of the matter was neither mentioned in the prayer portion of the writ petition nor was it considered by the learned single Judge in the order under appeal.

Learned counsel would further submit that in the light of the aforestated surrender, the District Collector, Vikarabad, is now stating that he has no authority to complete the enquiry.

However, as the learned single Judge has specifically issued a direction to the District Collector, Vikarabad, it is for him to seek a clarification, if he cannot abide by the mandate of the learned single Judge. It is not for the appellant-petitioner to espouse the cause of the District Collector, Vikarabad, in this regard. Viewed from any angle, we find no grounds to entertain this writ appeal or adjudicate upon it.

The writ appeal is accordingly dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs. _______________ SANJAY KUMAR,J ______________ M.GANGA RAO,J Date:27.08.2018 GJ