High Court · 2025

Petltion under Article 226 oi 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 [t4andamus 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 02.10.2022 Memo No. CGtvl(HRDyGl\,1(Per)/AS(DC)/PO(DC-1y340-C112022-1 dt.07.10.2022, as iilegat, arbitrary, unjust, violative of the principles of natural .justice and contrary to G.O. Ms. No.86, GAD dt 8.03.1994, besides being violative of Articles '14 and 16, 19(1)(g), 21 of the Constitution of lndia consequently direct the 1st respondent to reinstate Petitioner in service in the interest of justice' IANO:1O F 2025 PetitionunderSectionl5lCPCprayingthatintheClrclmstancesstatedin theaffidavitfiledinsupportofthepetition,theHighcourtmaybepleasedto directthelStrespondenttoconsiderpetitionerrepresentationsdl.23l0ll2024and

26.O3.2025forreinstatementintoservice,intheinterestofjustice'asotherwise petitioner stands to suffer serious hardship and irreparable loss and iniury Counsel for the Petitioner : SRI N'MANOHAR Counsel for the Respondent No'1 : GP FOR SERVICES ll Counsel for Respondents No 2to5 : SRI N'SREEDHAR REDDY' SC FOR TSSPDCL The Court made the following: ORDER I THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITTON No.22245 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 tr,r,o years with effect fromO2.lO.2022, vide Memo No. CGM(HRD) / GM(Per.) / AS(DC) / PO(DC-I)/34O-Cll2022-1, dated 07.7O.2022, as illegal and arbitrary.

2. Heard Sri N. Manohar, learned counsel for the petitioner, learned Government Pleader for Services-II, appearing for respondent No.1, and Sri N. Sreedhar Reddy, learned Standing Counsel for TSSPDCL, appearing for respondent Nos.2 to 5 Perused the material on record

3. Learned counsel for the petitioner submits that on

29.O9.2022, a case in FIR No.l4/RCT-CR-212022 u'as registered against the petitioner by the Deputy Superintendent of Police, ACB, City Range-2, Hyderabad, for the offence under Section 7(a) of the Prevention of Corruption Act, 1988, based on a complaint lodged by one Mr. Md. Azhar Sultan, pursuant to which, the petitioner was arrested on O2.LO.2O22 and remanded to judicial 1 E--,=-.:rt-G .:r:;l \ 1 custody. Consequently, respondent No.2 issued the suspenston ord.er uid.e Memo No. CGM(HRD) / GM(Per') / AS(DC) / PO(DC- Il I 34O Cl I 2022- l , dated O7 . \O .2022, placing the petitione r under suspension with effect from 02.1O.2022'

4. Learned counsel further submits that the petitioner continues to be under suspension for nearly three llears without review, which is in violation of G.O.Ms No 86, General Administration (Ser.C), dated 08.03.1994, u'hich mandates that suspension orders be reviewed for everv six months and should not ordinarily extend beyond two years except in exceptional CASCS.

5. Learned counsel further submits that lhe petitioner submitted representations, dated 23.01.2024 and 26'03'2025 respectiveiy, requesting the respondent authorities to revoke his suspension and reinstate him into service, but till date, no action has been taken by the respondent authorities Hence, learned counsel prays this Court to direct the respondents to revieu, the suspension order, datecl O7. lO 2022 and reinstate the petitioner into service.

6. Learned counsel for the petitioner last1y submits that the present u.rit petition is squarely covered by the order of this Court, dated 29.O2.2O24 in W.P.No.5O69 of 2024, and prays this Court to pass a similar order in the present r"'ri t petition also

7. The said submission is not seriously disputed by the learned counsel for resPondents.

8. The relevant portion of the order dated 29 .O2.2O24 in W.P.No.5O69 of 2024, is extracted hereunder: "5. In uietu of the submission made bg learned counsel for the respectiue parties, tuithout goin91 iruto the meits of the case, this Wnt 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.O3.1994 and pass appropriate orders, in accordance with Law, as expeditiouslg as possible, preferablg tuithin a period of four (04) uteeks from the date of receipt of a copA of this order and communicate a copA 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.2 to reviern, the suspension order of the petitioner, dated 07 .IO.2O22 as per I t WE 4 G.O.Ms.No.86, General Administration (Ser.C), dated

08.03.1994, and pass appropriate orders, in accordance u'itlr 1aw, as expeditiously as possible, preferably rn ithin a period ol four (O4) weeks from the date of receipt of a copy of this order, and commurlicate a copy thereof to the petitioner. There shall be no order as to costs. Miscellaneous petitions pending, if aly, shall stand closed 1 i To, SD/.S. MALLIKARJUNA RAO S STANT REGISTRAR //TRUE COPYi/ SECTION OFFICER

1. The Principal Secretary, Energy, Secretariat Building, Saifabad, State of Telangana, Hyderabad 2- The Chairman and lVlanaging Director, Southern Power Distributron Company of Telangana Limited lvlint Compound, Hyderabad

3. The Superintendent Engineer /Operations, Southern Power Distribution Company of Telangana Limited, Banjarahills, Hyderabad

4. The Divisionai Engineer, Operations. Greenlands, Kundanbagh Southern Power Distribution Company of Telangana Limited Hyderabad

5. The Chief General [\,,Ianager, HRD (FAC) Southern Power Distribution Company of Telangana Limited Mint Compound, Hyderabad

6. One CC to SRI N.MANOHAR, Advocate. [OPUC] 7. Two CCs to GP FOR SERVICES ll, High Court for the State of Telangana [our] 8, One CC to SRI N.SREEDHAR REDDY, SC FOR TGSPDCL/TRANSCO. loPUCl

9. Two CD Copies. BSK GJP S i I I I I I I i I I , : I ] HIGH COURT DATED:07 tOBtZO2S a 1HE s r,{/ o k ttt, I 10 tlJB I ) ('( C, L I c ORDER WP.No.22245 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS agq,'o W €