Telangana High Court
B. Ashok Kumar vs The State Of Telangana on 28 September, 2020
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION No.14144 of 2020
ORDER:
This writ petition is being disposed of at the admission stage with the consent of both parties.
This writ petition is filed seeking the following relief:
"..to issue a writ in the nature of Mandamus or any other appropriate writ, order or direction, by calling for the records relating to the proceedings of the 2nd respondent bearing No.5414/C54/S1/TS/2016, dt.31.12.2016 and quash the same by declaring the same as illegal, arbitrary and unconstitutional being violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents to reinstate the petitioner into service with all consequential benefits, such as payment of arrears of subsistence allowance and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
Heard Sri S.Gopal Rao, counsel for the petitioner, and the Government Pleader for Services-III appearing for the respondents.
It has been contended by the petitioner that while he was working as Assistant Executive Engineer in the Public Health Department, the respondents have placed him under suspension vide proceedings dated 31.12.2016 on the alleged ground that he has demanded and accepted bribe, and that criminal proceedings were initiated against him. It is stated that criminal proceedings are pending against him in C.C.No.7 of 2019 on the file of Principal Special Judge for SPE & ACB cases at Hyderabad. The grievance of the petitioner is 2 AKS,J W.P.No.14144 of 2020 that though the respondents have placed him under suspension vide proceedings dated 31.12.2016, the respondents are not reviewing the suspension orders in accordance with the Rules nor they are paying subsistence allowance to him.
Therefore, counsel for the petitioner contended that appropriate orders be passed in the writ petition directing the respondents to review the suspension orders strictly in accordance with G.O.Ms.No.86 dated 08.03.1994 and G.O.Ms.No.526 dated 19.08.2008 and also to pay subsistence allowance to the petitioner for the entire suspension period within a reasonable period of time.
Government Pleader appearing for the respondents had contended that the respondents would review the suspension orders in accordance with the Rules and appropriate orders would be passed within a reasonable period of time.
This Court, having considered the rival submissions of learned counsel for respective parties, is of the considered view that this writ petition can be disposed of directing the respondents to review the suspension orders dated 31.12.2016 issued against the petitioner, strictly in accordance with G.O.Ms.No.86, dated 08.03.1994, and G.O.Ms.No.526, dated 19.08.2008, and also to pay subsistence allowance to the petitioner within a reasonable period of time, preferably within two months from the date of receipt of a copy of this order.
With the above directions, the writ petition is disposed of. No order as to costs.
3 AKS,J W.P.No.14144 of 2020 Pending miscellaneous petitions, if any, shall stand closed.
______________________________ ABHINAND KUMAR SHAVILI, J 28-09-2020 vv