The High Court · 2025
Case Details
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Petition under Article 226 of 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 incontinuingthepetitionerundersuspensionbeyondtheprescribedperiodoftwo years with effect from O2tO5l2O23 pursuant to Memo No'COM (HRD)/GM(Per.)/ASIDC/PO(Dc-l)t126-0512023-1dl.o9lo5l2o23,aSillegal, arbitrary, unjust, violative of the principles of natural justice and contrary to G.O. Ms. No.86, GAD dt.B/03/1994, besides being violative of Articles 14 and 16, 19(1Xg), 21 of the Constitution of lndia, consequently direct the 1't respondent to reinstate petitioner in service in the interest of justice. lA NO: 1 OF 2025 Petition under section 15'1 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 1.t respondent to consider petitioner representation dl. 0410412025 for reinstatement into service, in the interest of justice, as otherwise 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 - Il Counsel forthe Respondent Nos.2 to 5: SRI N. SREEDHAR REDDY' S.C. FOR TSSPDCL The Court made the following: ORDER HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.21535 of 2025 oRDER: This Writ Petition is filed under Article 226 of Constitution of India seeking the lollowing reliel "...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus declaing the action of the respondents in continuing the petitioner under suspension beyond the prescibed period of tlDo lJears with effect from to Memo No. 02.05.2023 pursuant COM(HRD)/ GM(Per.)/ ASIDC/ Po(DC-t)/ 126-Cs/ 202s- 1, dated 09.05.2023 as illegal, arbitrary, unjus| uiolatiue of the pinciples oJ natural justice and contrary to G.O.Ms.No.86 GAD, dated 08.O3.1994' besides being uiolatiue of Article 14, 16, 19(1)(G), 21 of the Constitution of India, consequentlg, direct the l't respondent to reinstate the petitioner into seruice the interest of justice and Pass..."
2. Heard Sri N. Manohar, learned counsel appearing on behalf of the petitioner; learned Government Pleader for Services - II appearing on behalf of respondent No.1 and Sri N. Sreedhar Reddy, learned Standing Counsel for Telangana State Southern Power Distribution Company Limited, appearing on behalf of resPondent Nos.2 to 5. ) 2
3. Learned counsel for the petitioner submits that while the petitioner was working as an Additional Assistant Engineer in the respondent Company' the 2nd respondent had issued an impugnedordervideMemoNo.CoM(HRD)/GM(Per.)iASIt)C/ PO(DC-I) I t26'CSl 2O23-r' dated 09 05'2023' placing the petitioner under suspension with effect from 02 'O5 '2023 otr Lhe ground that hr: had allegedly demanded and accepl.ed bribe' Consequently, a case in FIR No'06/RCT-CR-2 12023' dated 02.05.2023 was registered against the petitioner by the ACB Officials arrd no 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 responden ts to reviern' the impugned suspension order' Further' as per G O'Ms'No'86 General Administration (Ser'C)' dated O8'03'1994 issued b''r' the Government, the orders of the suspension shall have to be reviewed at the end of every six months and the revieu'ing authority shor-tld take a decision regarding the continuance or otheru.ise of the employee concerned under suspension' Hence' learned counsel prayed this Court to direct the respondents to review the suspension order of the petitioner' clatecl 09 05 2023 and to reinstate the petitioner into service' 3
5. Learned counsel for the petitioner lastly submits that the present writ petition is squarely covered by the order of this Court, dated 29.O2.2O24 in W.P.No.5069 of 2024, and prays this Court to pass a similar order in the present writ petition
6. The said submission is not seriously disputed by the learned counsel for respondents 7 . The relevant portion of the order dated 29 .O2.2O24 in W.P.No.5O69 of 2024, is extracted hereunder: "5. In uiew of tlLe submission made by learned counsel for tte respectiue parties, u-tithout going into the meits of the case, this Writ Petition is disposed of utith a direction to respondent No.S to reuieut the suspension order of the petitioner, dated 09.03.2023 as per G.O.Ms.No.B6 General Administration (Ser.C), dated 08.03.1994 and pass appropriate orders, in accordance u-tith law, as expeditiouslg as possible, preferablg within a period of four (O4) uteeks from the date oJ receipt of a copg of tltis order and communicate a copA tLrcreof to th.e petitioner.."
8. Having regard to the submissions made by the learned counsel appearing for the respective parties, and for the reasons alike in the order dated 29.O2.2024 in W.P.No.5O69 of I I I I -J 4 2024, without going into the merits of the case, this Writ Petition is disposed of with a direction to respondent No.2 to revieu, the suspension order of the petitioner, dated 09.O5.2023 as per G.O.Ms.No.86 Genera-l Administration (Ser.C), dated
08.03.1994 and pass appropriate orders, in accordance r,r'ith law, as expeditiously as possible, preferably rvithin 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. Miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/.A.PRATHIMA DEPUW REGISTRAR r-. h\!\ SECTIOT}OiFICER . , To, '1 . The Chairman and Managing Director, Telangana State Southern Power Distribution Company Limited, Mint Compound, Hyderabad.
2. One CC to SRI N, MANOHAR, Advocate IOPUCI 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 b HIGH COURT DATED:2 510712025 14SEHTBo(
16. 4 05 tlJs [fr :) J 1 I ORDER WP.No.21535 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ofd %