THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
WRIT PETITION No.26090 of 2023
ORDER:
This Writ Petition is filed seeking a direction to set aside the impugned order dated 29.05.2023 continuing the petitioner under suspension until further orders and to pass such other order or orders.
2. Learned counsel for the petitioner submitted that the petitioner was placed under suspension on the ground that he was involved in a criminal case and thereafter, the petitioner filed W.P.No.2040 of 2023 for review of suspension and this Court, vide orders dated 11.04.2023 had directed the respondent No.2 therein, who is respondent No.2 in the present writ petition also, to consider the representation of the petitioner dated 31.12.2022 and further observed that if the same was not available, the petitioner was also permitted to make a fresh representation within a period of four weeks from the date of receipt of the order and the respondents were directed to pass orders on the same within a period of eight (08) weeks. Learned counsel for the petitioner further submitted that the petitioners accordingly made another representation dated 09.05.2023 to consider his representation in the light of the judgment of the Supreme Court of India in the case of Ajay Kumar Chowdary in Civil Appeal No.1912 of 2015. 2 Learned counsel for the petitioner submitted that though the direction was given to the respondent No.2 to pass appropriate orders, it is respondent No.1 who has passed the impugned order dated 29.05.2023 rejecting the case of the petitioner by quoting the provisions of G.O.Ms.No.86, G.A. (Ser.D) Department, dated 08.03.1994. It is submitted that even as per G.O.Ms.No.86, dated 08.03.1994, it is the Government which has to take a decision to continue the suspension order or to reject the request of the petitioner, but respondent No.1 has passed the order without any competency.
3. Learned Government Pleader for Services-III appearing for the respondents, is also heard.
4. Having regard to the fact that the direction in W.P.No.2040 of 2023 was to respondent No.2 to consider the representation of the petitioner and that too in the light of the judgment of the Hon'ble Supreme Court in the case of Ajay Kumar Chowdary, the present impugned order is passed by respondent No.1. This Court finds that the impugned order is not in accordance with the directions of this Court and therefore, it is set aside and respondent No.2 is directed to consider the representation of the petitioner dated 31.12.2022 and also the representation dated 09.05.2023 and pass appropriate orders on 3 the same by taking into consideration the judgment of the Hon'ble Supreme Court in the case of Ajay Kumar Chowdary referred in the representations within a period of three (03) weeks from the date of receipt of copy of this order.
5. With the above directions, the Writ Petition is disposed of at the admission stage. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
_____________________________ JUSTICE P.MADHAVI DEVI Date: 20.09.2023 NOTE: Furnish C.C. by 25.09.2023.
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PRN 4 255 THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI WRIT PETITION No.26090 of 2023 Date: 20.09.2023 NOTE: Furnish C.C. by 25.09.2023.
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