G.Venkata Ramana Reddy v. The State Of Andhra Pradesh Rep. By Its Secretary To

THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HON'BLE SRI JUSTICE G. SHYAM PRASAD WRIT APPEAL No. 1386 of 2016 JUDGMENT: (Per VRS,J) This appeal arises out of the refusal of the learned single Judge to grant an interim suspension of an order of dismissal from service. 2.

Heard Mr. K. Satyanarayana Murthy, learned counsel for the appellant. Smt. Jagarlamudi Koteswari Devi, learned standing counsel for A.P.Southern Power Distribution Company Limited, takes notice for the 2nd respondent.

3.

It is a well settled principle of law that however good a case may be, there cannot an interim suspension of an order of dismissal from service. This is for the reason that if an interim suspension is granted and ultimately the writ petition is dismissed for some reason, the salary paid cannot be recovered, since the appellant would have worked and earned the salary. On the contrary, if no interim suspension is granted and the writ petitioner succeeds, he will be entitled to full pay and allowances. Therefore, the learned Judge was right in rejecting the prayer for interim suspension. Hence, the Writ Appeal is dismissed. Since the 2nd respondent has already filed a

VRS,J & GSP,J WA No.1386 of 2016 counter to the main writ petition, the main writ petition may be listed before the appropriate Bench, at an early date, for disposal. Consequently, miscellaneous petitions if any pending in the writ appeal shall stand dismissed. No order as to costs. __________________________ V. RAMASUBRAMANIAN, J _____________________ G. SHYAM PRASAD, J 14th December, 2016 cbs

VRS,J & GSP,J WA No.1386 of 2016 THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN √ AND THE HON'BLE SRI JUSTICE G. SHYAM PRASAD Writ Appeal No.1386 of 2016 (Per VRS,J) 14th December, 2016 cbs