This court rejected the petitioner's prayer to declare suspension proceedings illegal but directed authorities to complete the pending enquiry within a reasonable time, noting the petitioner was already on bail.
Writ petition dismissed; however, authorities directed to complete enquiry within reasonable time.
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THE HONOURABLE SRI JUSTICE G. CHANDRAIAH
WRIT PETITION No. 28685 of 2011
Dated: 2-11-2011
Between: Gadipe Surya Chandra Bhaskara Tarzan …Petitioner and Government of Andhra Pradesh, rep. by its Secretary, Department of Tribal Welfare, Hyderabad and others
…Respondents.
Oral Order:
This writ petition is filed by the petitioner seeking for issuance of a writ of Mandamus declaring the impugned proceedings in Rc.No. T2/1187/2011 dated 5-10-2011 issued by the 2nd respondent as illegal, arbitrary, biased, unconstitutional, against the principles of natural justice and violative of Andhra Pradesh Civil Services (Conduct, Classification and Appeal) Rules, 1991 (for short ‘the Rules’), particularly Rule 20 of the said Rules and consequently to continue the petitioner in service as Junior Assistant, Ashrama Girls High School, Boduluru.
The case of the petitioner is that he is working as Junior Assistant in the 2nd respondent organization since November, 1995, on promotion. At present he is working at AGHS, Boduluru. Originally he was appointed as Attender in the month of February, 1993; was promoted as Record Assistant and then as Junior Assistant. One Smt Somalamma working as Cook in Ashrama Girls High School, Boduluru bore grudge against him as he has not made more payment as she demanded for the cooking work rendered by her. Further she borrowed an amount of Rs.4000/- from the petitioner as a hand loan. When he requested her either to return the money or to execute a promissory note in his favour, from that time she wants to take revenge on him and lodged a complaint on the file of SHO, Rampachodavaram PS against the petitioner and another person by name Masthan Raju on
5-10-2011 alleging that “on 3-10-2011 at 9-00 P.M the petitioner and another gave a phone call to her asking her to come for salary increments issue, that they took her to forest and as she had doubt on
them, she shouted due to fear, then they left her and threatened her if she tell anybody about the issue they will kill her”. On receipt of the above complaint, the SHO, Rampachodavaram PS registered a case in Crime No. 125/11 for the offences under Sections 363, 511, 506 read with 34 IPC. On
6-10-2011 the learned Judicial First Class Magistrate, Rampachodavaram granted bail to the petitioner after remand on his production. He was arrested at 10-00 AM on 6-10-2011 itself. On 8- 10-2011 the Head Master, AGHS, Boduluru served the impugned proceedings dated 5-10-2011 placing him under suspension and appointing the 3rd respondent-Deputy Director, Tribal Welfare as enquiry officer. Questioning the said proceedings dated 5-10-2011 placing the petitioner under suspension, the present writ petition is filed.
The learned counsel for the petitioner submits that the allegations against the petitioner are false and unbelievable and no procedure has been followed as contemplated under Rule 20 of the Rules and the impugned order is passed by non-application of mind.
Admittedly, it appears that one Smt Somalamma working as Cook in Ashrama Girls High School, Boduluru made a complaint against the petitioner and another, basing on which Crime No. 125 of 2011 has been registered for the offences under Sections 363, 511, 506 read with 34 IPC. In connection with that crime, the petitioner has been arrested and released on bail. Therefore, the 2nd respondent herein has issued the impugned proceedings placing the petitioner under suspension pending enquiry and appointing the 3rd respondent as Enquiry Officer.
Having regard to the fact that the petitioner has been placed under suspension by virtue of the impugned proceedings pending enquiry, this court is not inclined to go into the merits of the case. Accordingly the writ petition is dismissed. No costs.
Having regard to the fact that the petitioner, who is working as a Junior Assistant in the 2nd respondent organization, has been placed under suspension, this court is of the view that it is just and proper to direct the authorities concerned to complete the enquiry within a reasonable time.
_______________________ G. CHANDRAIAH, J 2nd November, 2011. GRR
3 issues framed by the court
Whether a writ of Mandamus should be issued declaring proceedings placing a government servant under suspension illegal and ridiculous.
Whether the writ court can question the merits of suspension proceedings when the petitioner has been released on bail.
Whether the civil authorities are directed to complete the pending enquiry within a reasonable time.
1 provisions across 1 enactments
Gadipe Surya Chandra Bhaskara Tarzan
Government of Andhra Pradesh
Secretary, Department of Tribal Welfare, Hyderabad
Deputy Director, Tribal Welfare
G. Chandraiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
