High Court for State of TelanganaWA/1784/2017dismissed no costs

G Nagarju, Karimnagar Dist v. The State Of Telangana, Hyderabad And 3 Others

2017-11-23V Ramasubramanian,M.Ganga Rao3 pages

HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON'BLE SRI JUSTICE M.GANGA RAO Writ Appeal No.1784 of 2017 Judgment: (per V.Ramasubramanian, J.) The appellant filed a writ petition challenging an order of suspension. The learned single Judge disposed of the writ petition with a direction to the respondents to complete the enquiry within four months.

2. Contending that the learned single Judge ought to have given a further direction to reinstate him if the enquiry was not completed within four months, the appellant has come up with the above appeal.

3. Heard Mr. A.Malahar Rao, learned counsel for the appellant. The learned Government Pleader for Services-I (Telangana) takes notice for the respondents.

4. The only prayer of the appellant is that while directing the respondents to complete the enquiry within four months, a rider should also be included that the appellant will be reinstated in the event of failure of the respondents to complete the enquiry within four months. We do not think it is necessary to incorporate such a rider. If the enquiry is not completed within four months, it is open to the petitioner to come back again. If the Court finds that the enquiry is prolonged due to the mistake on the part of the respondents, the Court may certainly grant relief to the petitioner. On the contrary, if a condition is imposed and the enquiry is

prolonged either on account of the appellant or on account of any cause other than what the respondents are responsible for the above condition may not be implemented.

5. Therefore, for the present, the writ appeal is dismissed. However, since the only misconduct alleged against the appellant is of a trivial nature, which need not take a long time for completion of enquiry, the respondents shall strictly adhere to the time-schedule given by the learned single Judge. If it is not adhered to, it is open to the appellant to come back to this Court. The miscellaneous petitions, if any, pending in this appeal shall stand closed. No costs. ___________________________ V.RAMASUBRAMANIAN, J.

__________________ M.GANGA RAO, J.

23rd November, 2017.

HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON'BLE SRI JUSTICE M.GANGA RAO Writ Appeal No.1784 of 2017 (per VRS, J.) 23rd November, 2017.

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