Telangana High Court
A.Purnachandra Rao vs The State Of Telangana on 27 September, 2022
Author: P.Madhavi Devi
Bench: P.Madhavi Devi
THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
W.P. No.36236 of 2022
ORDER:
This Writ Petition has been filed seeking a writ of mandamus declaring the impugned order of suspension in Rc.No.A1/68/2022 dated 17.02.2022 and subsequent proceedings issued in Rc.No.A1/68/2022 dated 24.08.2022 as illegal and arbitrary.
2. Brief facts of the case are that the petitioner, while working as Hostel Welfare Officer, Government Scheduled Caste Development Department (Boys Hostel) Kothagudem, was suspended from service vide order dated 17.02.2022 on the ground that a Criminal case is pending against him.
3. Learned counsel for the petitioner submits that the allegations charges levelled in the said criminal case are in no way related to discharge his official duties. Accordingly, he made a representation to the respondents on 26.05.2022 for review of the order of suspension of the petitioner. It is submitted that the respondents, however have passed the impugned order dated 24.08.2022 for continuing the suspension of the petitioner on the ground that the criminal 2 case has been filed against the petitioner. Learned counsel for the petitioner further submits that the petitioner also submitted representation dated 27.07.2022 to the respondent No.3 requesting to pay the subsistence allowance and that the same is also not being paid till date.
4. Learned Government Pleader for Service-II submits that the case of the petitioner for continuation of suspension was considered and the impugned order dated 24.08.2022 has been passed. Therefore, there was no case for reconsideration of the same.
5. After hearing both the parties, it is noticed that the petitioner's representation dated 27.07.2022 is only for non- payment of subsistence allowance and not for review of the suspension order. In view of the same, the learned counsel for the petitioner sought liberty to file a fresh representation giving the details of the given nature of charges in the Criminal Cases and how it is not relating to discharge of his official duties.
6. The liberty is granted.
7. Accordingly, the Writ Petition is disposed of with a direction to the respondents to consider the representation of the petitioner dated 27.07.2022 for payment of subsisting 3 allowance within a period of two (2) weeks from the date of receipt of a copy of this order and are also directed to consider the representation who is going to be filed by the petitioner along with the copy of this order for review of suspension order under G.O.Ms.No.86 in accordance with law expeditiously. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall also stand dismissed.
_____________________________ JUSTICE P.MADHAVI DEVI Date: 27.09.2022 SAI 4 THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI WRIT PETITION No. 36236 OF 2022 27.09.2022 SAI