✦ High Court of India · 09 Sep 2025

The High Court · 2025

Case Details High Court of India · 09 Sep 2025
Court
High Court of India
Decided
09 Sep 2025
Bench
Not available
Length
1,149 words

Petition under Article 226 of lhe 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 2910412022 vide Memo No.CGM(HRD)/GM(Per.)/AS(DCyPO(DC-ll)198-C2t2o22-1 dt.26t05t2022, as illegal, arbitrary, unjust, violative of the principles of natural justice and contrary to G.O. Ms. No.B6, GAD dt.8/03/1994, besides being violative of Articles 14 of the Constitution of lndia, consequently direct the 1st respondent to reinstate me in 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 1 st respondent to consider representalion dt.1710412025 and 0410612025 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 ll Counsel for the Respondent Nos.2 TO 4: SRI N.SREEDHAR REDDY, SC FOR TSSPDCL The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHTIIAR RAO WRIT PETITION No.21481 OF 2025 ORDER: The present Writ Petition is hled seeking to declare the action of the respondents in continuing the petitioner under suspension beyond the prescribed period of two years with effect from 29.O4.2022, vide Memo No. CGM(HRD) / GM(Per.) / AS(DC) / Po(DC-ll)/98-C2/2022-1, dated 26.o5.2o22, as illegal and arbitrarv.

2. Heard Sri N. Manohar, learned counsel for the petitioner, learned Government Pleader for Services-II, appearing for respondent No.l, 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.O4.2022, a case in FIR No.02IRCT-ACB-MBNR/2022 was registered against the petitioner by the Superintendent of Police, ACB, Mahabubnagar Range, for the offence under Section 7(a) of the Prevention of Corruption Act, 1988, based on a complaint lodged by one Mr. Sunkara Prabhakar Reddy, pursuant to which, the petitioner was arrested on 30.04.2022 and remanded 2 to judicial custody. Consequently, respondent No.2 issued the suspension order uide Memo No. CGM(HRD)/GM(per.)/AS(DC)/ PO(DC-II)/()8-C2/2022-7, dated 26.O5.2022. placing the petitioner t nder suspension with effect from 29 .Oq .2022.

4. Learned counsei further submits that the petitioner continues tc be under suspension for nearly thrce years without re'rieu,, which is in violation of G.O.Ms.No.g6, General Administration (Ser.C), dated 08.03.1994, u,hich mandates that suspension orders be reviewed for every six months and should not ordinatily extend beyond two years excepl in exceptional cases.

5. Learnr:d counsel further submits that the petitioner submitted lepresentations, dated lT.O4.2O2S attd, 04.06.2025 respectively. requesting the respondent authorilies to consider his case, revie'.r, his suspension, revoke the same ald order to reinstate hirn into service, but till date, no action tras been taken by the respcndent authorities. Hence, learned cotrnsel prays this Court to dir:ct the respondents to review the suspension order, dated 26.05.2022 and reinstate the petitioner into service.

6. Learned counsel for the petitioner lastly sultmits that the present writ petition is squarely covered by the order of this J Court, dated 29.O2.2024 in W.p.No.5O69 of 2024, and prays this Court to pass a similar order in the present writ petition also. 7 . The said submission is not seriously disputed by the learned counsel for respondents.

8. The relevarrt portion of the order dated 29.02.2024 in W.P.No.5069 of 2024, is extracted hereunder: "5. In uiew of the submission made by learned. counsel for the respectiue parties, without going into the merits of the case, this Wrtt petition is disposed of uith a direction to respondent No.S to reuietu the suspension order of ttLe petitioner, d.ated 09.03.2023 as per G.O.Ms.No.g6 General Administration (Ser.C), dated 08.03.1994 and pass appropriate orders, in accordance uith latu, as expeditiously as possible, preferablg within a period of four (O4) ueeks from the date of receipt of a copA of this order and communicate a copg thereof to the petitioner.."

9. Having regard to the submissions made by the learned counsel appearing for the respective parties, and for the reasons alike in the order dated 29.02.2024 in W.p.No.5069 of 2024, without going into the merits of the case, this Writ petition is disposed of with a direction to respondent No.l to review the suspension order of the petitioner, dated 26.05.2022 as per l I I i- 4 Administration G.O.Ms.No.86, General (Ser.C), dated 08'03.199'+, and pass appropriate orders, in :rccordance with law, as expeditiously as possible, preferably within a period of four (04) u'eeks from the date of receipt of a r:opy of this order, ald commrrnicate a copy thereof to the petitioner.. There shajl be no order as to costs Miscellaneous petitions pending, if any, shall stand closed. SD/.S. MALLIKARJUNA RAO ASSISTANT REGISTRAR NOTE: That the Paragraph No.9 of the order dated 07.08-2025 in WP.No.21481 ot 2025 is modified and substituted as per the orders of the Hon' ble court dated 09.()9.2025 in lA.No.2 ot 2025. This amended order shall substitute the earlier order which has already been dispatched on dt: 18/08/2025. //TRUE COPY/ I SD/.S. MALLIKARJUNA RAO ASSISTANT REGISTRAR /' ?. sEcTtoN oFFtcER To State of T,-'langana. Distributio I Company Limited, Naqar kurnool.

1. The Pringip.al Secretary, Energy, Secretariat Building, Saifabad, Hyderabad, 2. Chairman and Managing Director, Telanoana State Southern power ^ Distributior Company Limited Mint Comflound, Hyderabad. S It,g Superintendent Engineer (Operations), Telarigana State Southern power 4. The Divisional Eng.inee(Operations), Nagarkurnool Telangana State Southern l)ower Distribution Comoanv Limited. 5. One CC tc SRI N.MANOHAR, Advoc5te IOpUbI 6. Two CCs lo GP FOR SERVICES-il, High-Court for the State of Tetangana, at 7. One CC tc SRI N SREEDHAR REDDY, SC FOR TSSPDCL tOpUCl B. Two CD Copies Hyderabarl. [OUTI PSK/PSK GJP \,,$,.Y,. HIGH GOLIRT DATED:0710812025 0$t09t2025 I t AMENDEE) ORDER WP.No.21z181 of 2025 1g :irP 2U, .'/. \ * /:) - ,{. DISPOSINIS OF THE WRIT PETITION WITHOUT COSTS I \qtI*l

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