✦ High Court of India · 07 Aug 2025

The High Court · 2025

Case Details High Court of India · 07 Aug 2025
Court
High Court of India
Decided
07 Aug 2025
Length
1,110 words

...RESpoNDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or Direction, more particurarry one in the nature writ of Mandamus or any other appropriate order decraring the action of Respondents in continuing the petitioner under suspension beyond the prescribed period of two years with effect from 2910412022 vide fVlemo No.cGM(HRD)/GIVt(per.)/AS(DC)/po(DC-il )ts}-c2t2022-1 dt 26tost2o22, as illegal, arbitrary, unjust, viorative of the principres of naturar justice and contrary to G.o. N/s. No.86, GAD dt.B/03/i 994, besides being viorative of Articres .r4 of the constitution of rndia, consequenfly direct the .1st respondent to reinstate me in service in the interest of justice. / lA NO: 1 OF 2025 Petition under section 15i 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 1st respondent to consider representation dt.1 o4r2o25 and 0410612025 for reinstatement into service, in the interest of justice as otherwise petitioner stands to suffer serious hardship and irreparabre loss and in.1ury. Counsel for the Petitioner: SRI N.MANOHAR Counsel for the Respondent No.1: Gp FOR SERVICES ll counsel for the Respondent Nos.2 To 4: sRr N.sREEDHAR REDDY, sc FoR TSSPDCL The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO UrRIT PETITION No.21481 OF 2025 ORDER: The present Writ Petition is filed seeking to declare the action of the respondents in continuing the petitioner under suspension beyond the prescribed period of tu'o years with effect frorn29.O4.2O22,vide Memo No. CGM(HRD) / GM(Per.) / AS(DC) / PO(DC-II)/98-C212022-1, dated 26.05.2022, as illegal and arbitrary.

2. Heard Sri N. Manohar, learned counsel for the petitioner, learned Government Pleader for Services-ll, appearing for respondent No.1, and Sri N. Sreedhar Reddy, learned Standing Counsel for TSSPDCL, appearing for respondent Nos.2 to 4 Perused the material on record.

3. Learned counsel for the petitioner submits that on

29.04.2022, a case in FIR No.O2IRCT ACB-MBNR/2O22 was registered against the petitioner by the Superintendent of Police, ACB, Mahabubnagar Range, for the olfence under Section 7(a) ol the Prevention of Corruption Act, 1988, based on a complaint lodged by one Mr. Sunkara Prabhakar Reddy, pursuant to vrhich, the petitioner was arrested on 30.04.2022 and remanded \'-i )l 2 to judicial custody. Consequently, respondent No.2 issued the suspension order uide Memo No. CGM(HRD)/cM(per.)/AS(DC)/ PO(DC II)/98-C2/2022-1, dated 26.05.2022, placing the petitioner under suspension with effect from 29.o4.2022

4. Learned counsel further submits that the petitioner continues to be under suspension for nearly three years without review, ll.hich is in violation of G.O.Ms.No.86, General Administration (Ser.C), dated Og.03.lgg4, which mandates that suspension orders be revier,r.ed for every six months and should not ordinarih, extend beyond two years except in exceptional CASCS

5. Learned counsel further submits that the petitioner submirted representations, dated 17.O4.2O25 and. 04.06.2025 respectivel-\-. requesting the respondent authorities to consider his case, revien, his suspension, revoke the same and order to reinstate him into servf6s, but till date, no action has been taken by the respondent authorities. Hence, learned counsel pravs this Court to direct the respondents to review the suspension order, dated 2O.05. )O2) and reinstate the petitioner inro service. 6 Learned counsel for the petitioner lastly submits that the squarely covered by the order of this present u,rit petition is ' -l- -. -- J Court, dated.29.O2.2O24 in W'P'No'5069 of 2024' and prays this Court to pass a similar order in the present 7. The said submission is not seriously disputed by the learned counsel for resPondents' petition also' "r'rit

8. The relevant portion of the order dated 29'02'2024 in W.P.No.5O69 of 2024, is extracted hereunder: "5. ln uieut of the submission made by learned counsel for the respectiue parties ' ttithout going into the merits of ttLe case, tlrLs Writ Petition is disposed of rttith a direction to respondent No'S to reuiettt the suspenslon order of as per the Petitioner, G.O.Ms.No.86 General 09.o3.2023 Ad.ministration (Ser.C), dated 08'03'1994 and pass appropiate orders' in accordance ttith lant't ' as expeditiouslg as possible, preferablg tuithin a penod of four (04) rtteeks from the date of receipt of a copA of this ord-er and communicate a copg thereof to the petitioner.."

9. Having regard to the submissions made by the learned counsel appearing for the respective parties' ald for the reasons alike in the order d'ated 29'02'2024 in W'P'No'5069 of 2024' rvithout going into the merits of the case' this Writ Petition is disposed of with a direction to respondent No'2 to review the suspension order of the petitioner, dated 26 'O5 '2022 as per I I 4 G.O.Ms.No.86, General Administration (Ser.C), dated -

08.03. 1994 , and pass appropriate orders, in accordance r,r,ith law, as expeditiouslv as possible, preferably r.r,ithin a period of four (04) u.eeks 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 stald closed. SD/.S. MALLIKARJUNA RAO ASSI TANT REGISTRAR //TRUE COPYII SECTION OFFICER The Principal Secretary, Energy, Secretariat Building, Saifabad, Hyderabad, State of Telangana. Chairman and [\4anaging Director, Telangana State Southern power Urstnbutton Company Limited Mint Compound. Hvderabad. The superintendent Engineer (operations), Telangana state southern power Urstflbution Company Limited, Nagar kurnool. The.Divisional Engin'ee(Operatioris), Nagarkurnool Telangana State Southern Power Distribution Company Limited, One CC to SRI N.[\/ANOHAR, Advocite topubl Two CCs to GP FOR SERVICES-Il, High'Court ior the State of Telangana, at Hyderabad. [OUT] One CC to SRI N SREEDHAR REDDY, SC FOR TSSPDCL [OPUC] Two CD Copies To 1

4. o 7 8 PSK. GJP I HIGH COURT DATED:0710812025 ORDER WP.No.21481 of 2025 rL ii,l ( o c "10 AU6 2025 ,f t L) '* So,r r C :l ',i,./ DISPOSING OF THE WRIT PETITION WITHOUT COSTS (Dt,tt' &n'--." fAe{tr

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