The Apsrtc, v. M.Rajaiah
Case brief
What is this about?
Writ appeal allowed setting aside interim suspension order for misconduct devoid of hearing; continued WP held infructuous pending penalty; directed respondent to release subsistence allowance within 4 weeks.
What did the court decide?
Set aside suspension order; direct Corporation to release subsistence allowance within 4 weeks; continue WP as infructuous.
What the court decided
THE HON’BLE SRI JUSTICE DILIP B.BHOSALE
AND
THE HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO
WRIT APPEAL No. 288 of 2015
PC: (per the Hon’ble Sri Justice Dilip B.Bhosale)
This writ appeal is directed against the order, dated 03.07.2014, passed in W.P.No.17390 of 2014 filed by the respondent challenging his order of suspension, dated 12.06.2014. By this order, the respondent was placed under suspension for the alleged misconduct. From the order of learned Single Judge, it appears that the respondent challenged his suspension on the ground that he was not given an opportunity of being heard before passing of the order of suspension. In our opinion, learned Judge was not justified in law, in passing the interim order on such a ground and hence, we are inclined to allow this writ appeal. We are also informed that during pendency of the writ appeal, the enquiry has been concluded, holding the respondent guilty of the alleged misconduct, and what remains is only awarding of penalty. In view thereof, learned counsel for the respondent also fairly submits that nothing survives in the writ petition.
In the circumstances, we dispose of this writ appeal by the following order:
“The order, dated 03.07.2014, impugned in the present writ appeal, is set aside. It is open to the appellant-Corporation to take further steps and pass appropriate order at the earliest. It is always open to the respondent to
Issues for consideration
2 issues framed by the court
Whether a suspended employee is entitled to subsistence allowance under directed relief?
Whether the warrant of suspension without hearing can be sustained?
Parties & counsel
- appellant
Appellant-Corporation
- appellant
Respondent
Coram
DILIP B BHOSALE
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · April
- Registered
- Case no.
- WA/288/2015
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