lenapudi Srinivasa Rao S/o l. Ramakrishna Rao, a v. The State of Telangana

Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature Writ of Mandamus or any other appropriate order declaring the action of Respondents in continuing the petitioner under suspension beyond the prescribed period of two years with effect from 02.05.2023 vide Memo No.DEE/OP/HBG/JAO/ADM/ F. iD.No.B11i23 d1.4.5.2023, as illegal, arbitrary, unjust, violative of the principles of natural justice and contrary to G.O. Ms. No.86, GAD dt.8.03.1 994, besides being violative of Articles 14 and 16, 19(1Xg), 21 of the Constitution of lndia, consequently direct the 1st respondent to reinstate him into service in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the l't respondent to consider petitioner representation dt. 04.06.2025 for reinstatement into service, in the interest of justice as otheruvise petitioner stands to suffer serious hardship and irreparable loss and injury. Counsel for the Petitioner: SRI N. MANOHAR Counsel for the Respondent No.1: GP FOR SERVICES - ll Counsel for the Respondent Nos.2 to 5: SRI N. SREEDHAR REDDYT S.C. FOR TSSPDCL The Court made the following: ORDER HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.21584 of 2o25 oRDDR: This Writ Petition is hled under Article 226 of Constitution of India seeking the following reliet " . ..to issue an appropriate Writ, Order or Direction' more partianlarlg one in the nature of a Wit of Mandamus declaing the action of ttrc respondents in continuing tLe petitioner under suspension begond the prescibed period of ttuo Aears tt'tith effect from 02.05.2023 uide Memo No.DEE /OP /HBG /JAO / ADM /F./D.No.811/23, dated 04'O5'2023 as illegal' arbitrary, unjust, uiolatiue of the pinciples of nahtral justice ond contrary to G'O'Ms'No'86 GAD' dated 08.03.1994, besides being uiolatiue of Article 14' 16' 19(1)(9) and 21 of the Constitution of India' consequentlA, direct the 7't respondent to reinstate the seruice the interest of justice and petitioner into pass..."

2. Heard Sri N. Manohar, learned counsel appearing on behalf of the petitioner; Iearned Government Pleader for Services - II appearing on behalf of respondent No 1 and Sri N' Sreedhar Reddy, Iearned Standing Counsel for Telangana State Southern power Distribution company Limited, appearing on beha-lf of resPondent Nos'2 to 4' / 1\ I 2 while the 3 Learned counser for the petitioner submits that petitioner w,as working as a Line Inspector in the Compaay, the 4rh Memo No. DEtr dated 04.05.2023, with effect respondent has issued rmpugned order vide / oe1 HBG/ JAO/ ADM/F./D.N o.811/23, placing the petitioner under su spension from 02.05.2023 on the ground that he had respondent _ egedly demanded and accepted bribe. Consequentl Y, a case dated 02.O5.2023 was the ACB Officials and no FIR No.06/RCT_ CR_2/20ii., regrstered against the petitioner by charge sheet is filed as on date. 4. Learned counsel further submits that even after lapse of two years, no steps were taken by the respondents to review the impugned suspensiop order. Further, as per G.O.Ms.No.g6 General Administration (Ser.c), dated 0g.03.1994 issued by the Government, the orders of the suspension shall have to be revieu,ed at the end of every six months and the reviewing authority should take a decision regarding the continuance or otherwise of the employee concerned under suspension. Hence, Iearned counsel prayed this Court to direct the respondents to review the suspension order of the petitioner, dated 04.O5.2023 and to reinstate the petitioner into service.

5. Learned counsel for the petitioner lastly submits that the present writ petition is squarely covered by the order of this Court, dated 29.02.2O24 in W.P.No.5069 of 2024, and prays this Court to pass a similar order in the present u,rit petitior-r also.

6. The said submission is not seriously disputed by the learned counsel for respondents.

7. The relevant portion of the order dated 29.02.2024 in W.P.No.5069 of 2024, is extracted hereunder: "5. In uieu of the submission made by learned couftsel for the respectiue parties, without going into the meits of the case, this Wit Petition is disposed of with a direction to respondent No.S to reuieta the suspension order of the petitioner, dated O9.O3.2O23 as per G.O.Ms.No.B6 Generctl Administration (Ser.C), dated 08.03.1994 and pass appropriate orders, in accordance with law, as expeditiously as possible, preferablg tuithin a period of four (O4) ueeks from the date of receipt of a copg of this order and communicate a copA thereof to the petitioner.." I

8. Having regard to the submissions made by the learned counsel appearing for the respective parties, and for the reasons a,like in the order dated 29.O2.2024 in W.P.No.5O69 of 7 4 2024, without going into the merits of the case. this Writ Petition is disposed of with a direction to respondent No.4 to 1 revierv the suspension order of the petitioner, dated 04.O5.2023 as per G.O.Ms.No.86 General Administration (Ser.C), dated

08.03.1994 and pass appropriate orders, in accordance with Iaw, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of this order and communicate a copy thereof to the petitioner. There shall be no order as to costs Miscellareous petitions pending, if any, shall stand closed. To, //TRUE COPY// SD/.A.PRATHIMA DEPUWREGISTRAR SECTION OFFICER

1. The Divisional Engineer, Telangana State Southern Power Distribution Company Limited, Operations, Habsiguda Division, Habsiguda.

2. One CC to SRI N. MANOHAR, Advocate [OPUC] 3. Two CCs to GP for Services-ll, High Court for the State of Telangana at Hyderabad. [OUT]

4. One CC to SRI N. SREEDHAR REDDY, S.C. for TSSPDCL [OPUC] 5. Two CD Copies MP s F HIGH COURT DATED:2 510712025 eH1 f4s 14: Bo k J ) I I ''" 05 rlJE x6 o Fsn .. t r. ORDER WP.No.21584 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0 G)tor ffi"