R.Subbaiah vs The State Of Andhra Pradesh
2021 Latest Caselaw 4963 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE: WRIT PETITION No.23629 of 2021

PROCEEDING SHEET Sl OFFICE DATE ORDER No NOTE

3. 03.12.2021 NJS,J Writ Petition No.23629 of 2021

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Services-II.

Learned counsel for the petitioner submits that in similar circumstances, interim orders were granted by this Court in Writ Petition No.24756 of 2021, dated 18.11.2021 and he seeks interim orders on the same lines.

On the other hand, learned Assistant Government Pleader, by placing a copy of the order passed by the Division Bench (HC,J & NJS,J) in Writ Appeal No.364 of 2021, dated 02.7.2021, submits that by virtue of the interim order the Division Bench suspended the orders of learned Single Judge in Writ Petition No.20295 of 2020, and therefore, no interim order may be granted in favour of the petitioner.

However, considering the material on record that the charges are leveled against the petitioner in the year 2015, enquiry has not been completed so far, the petitioner was retired on 31.3.2021 and that there is no serious case pending against the petitioner, this Court is inclined to grant interim order, in the light of the Judgment of Division Bench in Writ Petition No.30443 of 2016, dated 14.2.2017.

Accordingly, there shall be interim direction to release the Earned Leave amount to the petitioner in terms of G.O.Rt.No.1097, Finance and Planning (FW Pen.I) Department, dated 22.6.2000 pending Calendar Case No.2 of 2015 dated 12.1.2015 before the Hon'ble

Writ Petition No.23629 of 2021

Special Judge for Trial of ACB Cases, Rayalaseema Range, Kurnool, within a period of four weeks from the date of receipt of a copy of this order.

List the matter after four weeks.

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