Writ petition filed by a retired employee aggrieved by refusal to treat suspension period as on duty. Court directed the appellate authority to dispose of the pending appeal within three months.
Directing the 2nd respondent to pass orders in the appeal preferred by the petitioner within a period of three months.
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THE HON’BLE MR JUSTICE L. NARASIMHA REDDY
Writ Petition No.22198 of 2011
ORDER:
The petitioner retired from service from the Andhra Pradesh State Cooperative Marketing Federation Limited, Hyderabad. While in service, disciplinary proceedings were initiated against him and the then District Manager, by name A.Gopal Kishan. Through proceedings dated 03.03.2009, the General Manager passed an order dropping the proceedings against the petitioner, but administered a warning to him to be more careful. The period of suspension from 03.07.2004 to 04.02.2005 has been treated as on leave, as per eligibility. Feeling aggrieved by the refusal to treat the period of suspension, as on duty, the petitioner filed an appeal before the 2nd respondent, on 25.01.2007. His grievance is that the appeal has not been disposed of so far.
Heard learned counsel for the petitioner and learned standing counsel for the respondents.
The controversy is about the manner in which the period of suspension undergone by the petitioner must be treated. Disciplinary authority directed that the period be treated as on leave. The petitioner preferred an appeal. Since he is a retired employee, the determination of the appeal either way would helpful to him.
Hence, the writ petition disposed of, directing the 2nd respondent to pass orders in the appeal preferred by the petitioner within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs.
_______________________ L.NARASIMHA REDDY, J Dt:05.08.2011 GJ
1 issue framed by the court
Whether the appellate authority should determine the tune in which the period of suspension undergone by the retired petitioner must be treated.
1 provisions across 1 enactments
Retired employee of Andhra Pradesh State Cooperative Marketing Federation Limited
Andhra Pradesh State Cooperative Marketing Federation Limited
Unnamed 2nd Respondent (Disciplinary Authority/Appellate Authority)
L. Narasimha Reddy
As recorded by the court registry
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