Allowed

G. Shankar v. The Andhra Pradesh State Housing Corporation Limited

Telangana HC10 Feb 2014WA/2029/2013

Case brief

AI extract

What is this about?

This writ appeal challenged a single Judge's order refusing to interfere with the appellant's suspension and directing an enquiry. The High Court noted the delay in commencing the enquiry amidst action against superior officers and reinstated the appellant to avoid hardship.

What did the court decide?

Direction to the respondent to reinstate the appellant into service.

G. Shankar Vs The Andhra Pradesh State Housing… — Service and Employment | Telangana HC (2014)

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IN THE HIGH COURT JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND FOURTEEN

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PRESENT

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THE HONOURABLE SRI JUSTICE G.CHANDRAIAH AND THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM

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W.A. No.2029 of 2013

Between:

G.Shankar

… Appellant And

The Andhra Pradesh State Housing Corporation Limited, Rep.by its Managing Director, Urdu Gally, Himayathnagar, Hyderabad and another.

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… Respondents

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THE HONOURABLE SRI JUSTICE G.CHANDRAIAH AND THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM

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W.A. No.2029 of 2013

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JUDGMENT: (Per the Hon’ble Sri CKR, J)

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The writ appeal is filed against an order of the learned single Judge disposing of the writ petition not granting the relief as prayed for particularly, not interfering with the suspension of the petitioner made on 27.11.2012. However, the learned single Judge, enquiry to be directed within three months from the date of the receipt of the order. This order was passed on 28.11.2013.

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The grievance of the petitioner/appellant is that the appellant has no financial powers and the officers who had the financial powers, Managing Directors and Executive Engineers, only have the financial powers and the allegations have been attributed to him are relating to basically financial irregularities. He would further submit that one

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Sri K.Ramalingam, former Deputy Executive Engineer (Urban), Mahabubnagar and B.Arjun Rao, former Deputy Executive Engineer (Urban), Mahabubnagar, are the superior officers, who are also kept under suspension vide Proceedings dated 28.07.2012 with respect to the same transaction. On their filing W.P. No.23995 of 2012 and 24034 of 2012 this Court on finding prima facie that the District Collector is not the competent authority suspended the same and thereafter,

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on technical ground the orders not being passed by the competent authority. Thereafter, no action has been taken against the two individuals whereas in the case of the writ appellant, the suspension is being kept pending though the charges have been framed no enquiry has commenced.

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In the counter filed by the respondent also they do not state when the enquiry is likely to be conducted and proceed with. Under these circumstances, considering hardship, which is being caused to the writ appellant, to avoid further hardship, we are of the view that in the interest of justice, a direction shall be issued to the respondent to reinstate him into service.

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The writ appeal is allowed accordingly. There shall be no order as to costs.

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___________________________ JUSTICE G.CHANDRAIAH

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__________________________________ JUSTICE CHALLA KODANDA RAM

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Date: 10.02.2014 LSK

G. Shankar v. The Andhra Pradesh State Housing Corporation Limited

Case brief

What is this about?

What did the court decide?

G. Shankar v. The Andhra Pradesh State Housing Corporation Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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