Smt. Pabbathi Jyothi, v. The Government Of Telangana,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND SIXTEEN

Present

Between:

Smt. Pabbathi Jyothi, W/o. Ravindranatha Reddy, Aged 42 years, Occ: Asst. Grade III, Godown Incharge, Kodada MLS Point, Nalgonda District.

.. Petitioner AND The Government of Telangana, Rep. by Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad & 2 others .. Respondents The Court made the following:

ORDER:

The petitioner was placed under suspension by proceedings, dated 10.11.2015, on the allegation that there are huge variations in stocks between book balance and ground balance and other irregularities. The petitioner was also served with show cause notice, dated 07.11.2015, calling upon him to explain on the allegations levelled in the said show cause notice. The petitioner claims to have submitted his explanation on 21.11.2015.

2. This writ petition is instituted challenging the order of suspension on the ground that the Joint Collector is not competent to place the petitioner under suspension. It is also contended that so far there is no progress in the disciplinary action and he is kept under suspension.

3. Heard the learned counsel for the petitioner and Sri A. Jagan, learned Standing Counsel for the 2nd respondent.

4. With reference to the competency of the Joint Collector to place the petitioner under suspension, learned Standing Counsel produced the Conduct, Discipline and Appeals Regulations and the circular instructions of the Managing Director, dated 23.07.2002, to contend that the Joint

Collector being an Executive Director, is competent to place the petitioner under suspension. Thus, there is no dispute regarding competency of the Joint Collector in placing the petitioner under suspension.

5. This Court cannot go into the merits of the allegations which form basis to place the petitioner under suspension. However, as agreed by the learned counsel for the petitioner and learned Standing Counsel, this Writ Petition is disposed of directing the respondent Corporation to take expeditious steps to conclude the disciplinary proceedings and finalize the same. The respondents are granted eight (8) weeks time to complete the enquiry by fixing time schedule. The petitioner shall also cooperate and shall not seek adjournments. If the enquiry could not be completed and the delay in finalization of the disciplinary proceedings is not attributable to the petitioner, the respondents shall review the suspension of the petitioner.

However, it is open to the Corporation to post the petitioner at any other place pending finalization of the disciplinary proceedings and it is also open to the competent authority to consider the explanation submitted by the petitioner, dated 21.11.2015, notwithstanding the disposal of the writ petition. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _____________________ P.

Date: 27th January, 2016 KL