K. Mallikarjuna v. State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HON'BLE SRI JUSTICE G. SHYAM PRASAD WRIT PETITION Nos. 41203 & 41155 of 2016 COMMON ORDER: (Per VRS,J) Aggrieved by the orders of suspension, two Assistant Directors of Agriculture filed independent original applications before the Andhra Pradesh Administrative Tribunal. The Tribunal dismissed the applications, forcing them to come up with the present writ petitions. 2.

Heard Mr. K. G. Krishna Murthy, learned senior counsel appearing for the petitioners. The Government Pleader for Services (AP) takes notice for the respondents 1 and 2. 3.

The main grievance of the petitioners, as projected by Mr. K. G. Krishna Murthy, learned senior counsel for the petitioners, is that on the basis of a newspaper report about something happened somewhere, the petitioners, who were not at all connected with the occurrence, have been placed under suspension without any application of mind. The learned senior counsel drew our attention to lot of materials, in support of his contention that the petitioners could not be linked to the occurrence reported in the press by any stretch of imagination.

4.

But unfortunately, in a matter relating to suspension, issued in contemplation of an enquiry into grave charges, the role of the Court is very limited. It is not possible to examine the merits of the case, even before the issue of the charge memos. Therefore, the Tribunal was right in refusing to interfere at this stage. 5.

But, one grievance of the petitioners certainly needs to be addressed. The orders of suspension are dated 21.07.2016. Now, a period of little over four months has expired, without any charge memos being issued. Prolonged suspension at the stage prior to the issue of the charge memos, would be fair to both sides. Therefore, both the Writ Petitions are disposed of, directing the respondents 1 and 2 to review the orders of suspension, in case no charge memos could be issued against the petitioners within a period of four (4) weeks.

Consequently, miscellaneous petitions if any pending in the writ petition shall stand dismissed. No order as to costs. __________________________ V. RAMASUBRAMANIAN, J _____________________ G. SHYAM PRASAD, J 21st November, 2016 cbs

THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN √ AND THE HON'BLE SRI JUSTICE G. SHYAM PRASAD Writ Petition Nos.41203 & 41155 of 2016 (Per VRS,J) 28th November, 2016 cbs