HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
HON'BLE SRI JUSTICE K. SARATH
W.P.No. 6881 of 2013
ORDER:(Per Hon'ble Sri Justice Abhinand Kumar Shavili)
This Writ Petition is filed aggrieved by the orders of the
A.P. Administrative Tribunal, Hyderabad (for brevity 'the
Tribunal') passed in O.A.No.10099 of 2009 dt.04-04-2012.
2. Heard the learned Additional Advocate General for
the petitioners and Sri P.Amarender, learned counsel for the
respondent.
3. It has been contended by the petitioners that the respondent is a retired Mandal Parishad Development Officer and the Anti Corruption Bureau authorities have raided against him on 13-07-1994 and a Criminal Case was registered against the respondent in C.C.No.13 of 1995 and based upon the fact that the respondent was involved in a criminal case, the petitioners have placed the respondent under suspension on 23-07-1994 and he was continued under suspension till 27-04-1997. Thereafter, the respondent was convicted in C.C.No.13 of 1995 by the competent AKS,J & SK,J 2 W.P.No.6881 of 2013 Court vide orders dt.17-12-1999. Thereafter, the respondent has preferred Crl.A.No.2003 of 1999 before this Court and this Court was pleased to allow the Criminal Appeal and was pleased to set aside the conviction and acquitted the respondent vide orders dt.09-09-2005. Thereafter, the respondent has submitted an application to the petitioners to treat the suspension period as 'spent on duty' and the petitioners have considered the same and the same was rejected vide G.O.Ms.No.427 dt.14-09-2007 and consequential proceedings dt.10-07-2009. Aggrieved by the same, the respondent has filed O.A.No.10099 of 2009 and the Tribunal vide orders dt.04-04-2012, without appreciating any of the contentions raised by the petitioners, was pleased to allow the O.A. directing the petitioners to treat the suspension period as 'spent on duty'. Therefore, appropriate orders be passed in the Writ Petition by setting aside the orders of the Tribunal and allow the Writ Petition.
4. This Court having considered the submissions made by the learned Additional Advocate General for the petitioners is of the considered view that no disciplinary proceedings were AKS,J & SK,J 3 W.P.No.6881 of 2013 initiated against the respondent but the petitioners have placed the respondent under suspension based on the ground that the criminal case is pending against him. When once the respondent was acquitted in Criminal Case vide judgment of the Crl.A.No.2003 of 1999 passed by the High Court vide orders dt.09-09-2005, the respondent is entitled to treat the entire period of suspension as 'spent on duty'. Therefore, the Tribunal justified in allowing the O.A. and therefore we are not inclined to interfere with the orders of the Tribunal.
5. Accordingly, the Writ Petition is dismissed. No costs.
6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
______________________________ ABHINAND KUMAR SHAVILI, J _____________________________ K. SARATH, J Dt.21.09.2022 kvr