Bodla Mallesham v. The State of Telangana

Petition under Article 226 of lhe Constilution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or Direction, more particularly one in the nature of Writ Of Mandamus, Declare the action of the 2nd respondent in not considering the case of the Petitioner for revoking the suspension orders even after completion of surcharge enquiry and passing surcharge orders and also based on the Disciplinary enquiry report but continuing the petitioner still under suspension is arbitrary, unreasonable and consequently direct the 2nd respondent to consider the representation of the Petitioner dated 28-05-2025 and pass orders by revoking the suspension order and thereby direct the 4th respondent to reinstate the Petitioner into service. '/ --, lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in ther c rcumstances stated in the affidavit filed in support of the petition, the High Ccrrr may be'pleased to direct the 2nd respondent to consider the repres.entation !1.rhe Petitioner dated 28-05-2025 and pass orders by revoking the suspension or(lr r and thereby direct the 4th respondent to reinstate the Petitioner into service 1;ending the disposal of the Writ petition Counsel for the Petitioner: SRI K.MURALIDHAR REDDY Counsel for the Respondents: GP FOR SERVICES-ll The Court made the following: ORDER I THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.31534 OF 2025 ORDER: With the consent of the parties, this Writ Petition is taken up for disposal at the admission stage itself

2. This Writ Petition is hled under Article 226 of the Constitution of India, seeking the following relief "..,to issue an appropriate Wnt, order or Direcliort, tnore particulqrtA one in the nature of Writ Of Mandamus, declantg the action oJ the 2,,1 respondent in not consideing the case oJ the Pelitioner for reuolang the suspension orders euen after completion oJ surcharge etqutry attd passing surcharge orders and atso besed on the Disciplinary enquiry report but continuing the petitioner sttll under suspensjon is arbitrary, unreasonable and consequently direct the 2d respcndent to co\sider the representation of the Petttioner dated 28-05-2025 and pass orders by reuoktnq the suspenston order and therebg direct the 4tt, rcspondent to reinstete the petitioner into seruice andtopass..."

3. Heard Sri K.illuralidhar Reddy, Iearned counsel for the petitioner and learned Government Pleader for Services-[ for the respondents

4. Learned counsel for the petitioner submits that '*,hile the petitioner was working as an Upper Divisional Clerk in respondent-Society, he was placed under suspension uide order dated 09.10.2O2O on the ground that the petitioner, a-long w,ith L 2 .-\ --t > PK,.J Wp Jl.13 l 2O25 \ I 1 other emplo)'ees, rras involved in tl-re mi:; r )propriation of funds of thc Society. Subsequently, a dor,t r:s,-i,:: enquiry rvas :onrlucted, and a report dated 27.O1.2025 ,)11 the ci,.lrrlestic enquiry u,as issued, holding that the charges 1er: ed against the pet,itioner as not proved. However, no final r;'t Cers have been pas sed so far. I t is further submitted th at al though the domestic cnquiry rvas completed in January 20)..t and the report dated 27.01.2025 held that the charges again,. t the petitioner $-ere not substantiated, the respondents have still not reinstated him, even though he is due to retire on 31.10.2[,!5. Further, as per G.O.Ms.No.86 General Administratir.'I:. (Sen'ices.C) Department dated 08.03.1994, the respondenl:; are bound to revieq, the petitioner's suspension order at the e r d of every six months. Therefore, learned counsel prays thrs ,! ourt to direct the respondents to revielv the petitioner's srt,il ,ension order dated 09. IO .2O2O , duly taking into consideratio :r the clomestic enquiry report dated 27.O1.2025, arrd pass apptorrriate orders, within a stipulated period of time. 3 PK.J Wp .l I.;3 1 )02;

5. Learned Government Pleader for the respondents submits tha,t as the petitioner has a liability, to the Society, he was not reinstated into service. Hou,eve., tirc respondents will revier,v the petitioner's suspension order dated Og .lO .2O2O and pass appropriate orders, in accordance with law. 6 Having regard to the submissions made by learned counsel lor the respective parties and in vieu, of the fact that the domestic enquiry was concluded in the month of Jaruary, 2025, ( and the report dated 27 .OL.2O2S held that the charges leveled against the petitioner were not proved, this Court deems it appropriate to direct the respondents to revie,,v the petitioner,s suspension order dated 09.lO.2O2O, in terms of G.O.Ms.No.g6 General Administration (Services. C) Department dated

08.03. 1994, duly taking into consideration the domesric enquiry report dated 27.O1.2O25 ald pass appropriate orders thereon, strictly in accordance with 121y, ?S expeditiously as possible, preferably within a period of two (2) weeks from the date of receipt of a copy of this order. 4 PK..] Up 3l5.l l 20 )5 7 With the aforesaid direction, this Writ pr_.ti ion is disposed of. Miscellar-reous petitions pending, if any, shz li stand _tose.l There shall trc no order as to costs. To, //TRUE COPY// SD/. IV. JAWAHAR REDDY ASS STANT REGISTRAR 6 SECTION OFFICER

1. The Principle Secretary, Agriculture and Cooperative [)e p251rngn1, Secretariat Buildings, Hyclerrabad, State of Telangana.

2. The District Cooperative Officer, Karimnagar District. A1 I arimnagar, 3. The PIC Chairmani Person-in-cha rge, Gattududdo ri rapally Large sized Cooperatrve Society Ltd., Gattududdehaapally villager, i.4inakondur- [Vlandal, Karimngar District.

4. The President. Gattududdenaapally Large sized Ccrc I :ratrve Society Ltd., Gattud uddenaapally village, l\4anakondur Mandal, Karirrr gar District.

5. One CC to SRI K MURALIDHAR REDDY, Advocate [Ot)t rC] 6. Two CCs to GP FOR SERVICES-ll, High Court for thr: State of Telangana at Hyderabad [OUT]

7. Two CD Copies BSR D HIGH COURT DATED:1711012025 CC TODAY .'-. >: .: -t- a. Y, .J , ,r{ ( \\ t- 'v 'ilil 2ffi n' C) L) t i-'-1- .'' -k ,enr...;c.{ :i;_-::;-' ORDER WP.No.31534 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \