High Court · 2025

THE HONOURABLE SRI JUSTICE NAMAVARAPU'RAJESHWAR RAO WRIT PETITI ON NO :222450 F 2025 Between: Kowde Pav susPended AmeenPur' Yil;'i:#?r11,tP^?i'fi"{Kf i3"'$;Ai3"j''l:5J"S":Sl'1 R/o )e angareddY District ...PETITIONER AND rTheStateofTelangana,RepresentedbyitsPrincipalsecretary,Energy' ' i'Ji,Eiliirieuitoin!, sairauad' Hvderabad ' ?:,1[ffif],*m ilq xl%?ffir1",I.: "*$5 il ;,?-e 'U",B:ffi '$'?:f"""t','"Tilfi?,:i?B?11'"?1f; l"SlHli'?l'PowerDistribution -I:ill6i:ils,l,i,lYssi$3,1,'l?i"Jli;3,li3itlfl satiiillBsshsouthern r D i st ri b utio n co m p anv o r ' ?:i:l &"J"" I?LYsJ ?';fi I #,"!'n3] ;r"Jji$:P owe r D i stri b uti o n co m p a n v of ..,RESPONDENTS 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 decraring the action of Respondents in continuing the petitioner under suspension beyond the prescribed period of two years with effect from O2'1O '2022 Memo No' 1t2o22-1 dt'O7 '10'2022' as illesal' arbitrary, uniust, violative of the principles of natural justice and contrary to G O' Ms.No.86,GADdt803'1994'besidesbeingviolativeofArticles14andl6' CGM(HRDyGM(Per)/AS(DC)/PO(DC-1y340-C 19(1)(g), 21 of rhe constitution of rndia, consequenfly direct the 1st respondent to reinstate Petitioner in service in the interest of justice. IA NO: 1 0F 202s 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 1st respondent to consider petitioner representation s dt.23r01t2o24 and 26 03 2025 for reinstatement into service, in the interest of lustice, as otherwise petitioner stands to suffer serious hardship and irreparabte loss and injury. 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 THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No'22245 OF 2025 oRDER: The present Writ Petition is filed seekilg to declare the action of the resPondents 1n continuing the Petitioner under suspension beyond the prescribed period of two years with effect fromO2.lO.2o22,vide Memo No' CGM(HRD) / GM(Per') / AS(DC) / PO(DC-D/ 34O-Cll2O22-1' dated 07'lO'2O22' as illegal and arbitrarY.

2. Heard Sri N' Manohar' learned counsel for the petitioner' learned Government Pleader for Services-Il' appearing for respondent No'1, and Sri N' Sreedhar Reddy' learned Standing CounselforTSSPDCL,appearingforrespondentNos.2to5. Perused the material on record' 3. Learned counsel for the petitioner submits that on 29.Og.2022,a case in FIR No'14/RCT-CR-2 12022 was 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 02 '1'O '2022 and remanded to judicial I -t 2 custody' consequently, respondent No.2 issued the suspension order uide Memo No. CGM(HRD) / GM(per.) / AS(DC) / PO(DC_ Il/34O-C1 12022_1, dated 07. tO.2022, placing the petitioner under suspension with effect from 02.10.2022.

4. Learned counsel further submits that the petitioner contlnues to be under suspension for nearly three years r,vithout review, which is in violation of G.O.Ms.No.g6, General Administration (Ser.C), dated 0g.03.1994, which mandates that suspension orders be reviewed for every six months and shouid not ordinarily extend beyond two years except in exceptional CASCS

5. Learned counsel further submits that the petitioner submrtted representations, dated 23.OI.2024 at,_d 26.03.2025 respectivel_y, 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 counser prays this court to direct the respondents to review the suspension order, dated 07. lO.2022 and reinstate the petitioner into service.

6. Learned counsel for the petitioner lastly submits that the present writ petition is squarely covered b), th. order of this 3 Corrrt, dated, 29'O2'2O24 rn W'P'No 5069 of 2024, arrd' 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 relevant portion of the order dated 29'02'2024 1n W.P.No.5O69 of 2024, is extracted hereunder: '5. In uieu-t of the submission made bg learned counsel for the respectiue parties' tuithout going into the meits of the case, this Wit Petition is disposed of tuith a direction to respondent No'S to reuiettt the suspension order of tLLe petitioner' dated 09.03.2023 as per G'O'Ms'No'86 General Administration (Ser'C), dated O8'03'7994 and pass appropriate orders, in. accordance uith lan'u ' as expeditiously as possible' preprablg ttLithin a peiod of four (04) weeks from the date of receipt of a copg of this order and communicate a copg thereof to the Petitioner "" g. Having regard to the submissions made by the learned counsel appearing for the respective parties' ald for the reasons alike in the order dated 29'02'2024 tn W'P'No'5069 of 2024' without going into the merits of the case' this Writ Petition is d.isposed of with a direction to respondent No'1 to review the suspension order of the petitioner' dated 07 'lO '2022 as per \ i .t. 4 G.O.Ms.No.g6, General Administration (Ser.C), dated 08.03.1994, ald pass appropriate orders, in accordance with law, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of this order, artd communicate a copy thereof to the petitioner. There shall be no order as to costs. Miscella,eous petitions pending, if any, shall stand closed. "'i:Ji+'^iilfiEiBI+EtR . Note : ,^,.^^^,lTl the typographicat error crept in H::gy l"r9ilg the Respondent numoJias ., in place of ,,Respondeni Kespondent No..l N_o 2" rn paragraph No.s or tn" OroulljJt"uj 07-08-.2025 in W.p.No.22245 ,0r;. ;;; is substituted and amended r. purin" 1a1ne order, dated oe_oe_2025 in l.n.r.ro.itiioill This Amended order shall substitute .. the earlier order which has already been dispatched on 1 8-08_2025. "f //TRUE COPYII S S ALLIKARJUNA RAO ISTANT REGISTRAR SECTION OFFICER To, "", companyof retanganaiimiteo,-einJ:;ii,nirr"","rjvoZruoro *i'#: i il fl # ?';,x? Bg,iffi l"j ff JS:u I"*" r D i s t ri b u ti o n c o m pa n y ' #i"XJIfi:i1r"o??lTlY' Enersv' secretariat Buirding, sairabad, state or ' Iif 3' The superintendent Engineer /operations, southern power Distribution 4. The Divisional Enoineer, Opergtlols. Greenlands, Kundanbagh Southern power Disrribution compariy of i;ta;s;;;'LililJl,Hyoerauao 5. The chief Generar rvlanager, HR.D (F{c) southern power Distribution 6. One CC to SRt N.MANOHAR, Advocate. tOpUCl uompany of Tetansana r_imiieo nri,li'i;ffiilil: ii;derabad @/ / I T.TwoCCstoGPFoRSERV|CESll,HighCourtfortheStateofTelangana tOUI One CC to SRI N.SREEDHAR REDDY' SC FOR TGSPDCL/TRANSCO toPUCl 6

9. Two CD CoPies BSK +* t t I HIGH COURT DATED:}il08t2025 09t09t2025 :-,1 k' lJ- ') .r1$s' ^l- AMENDED ORDER WP.No.22245 ot ZOZI DISPOSING OF THE WRIT PETITION WITHOUT COSTS +J t- l0^ LI L1