Pulapakura Arunakumari vs The State Of Andhra Pradesh
2022 Latest Caselaw 2107 AP

               HIGH COURT OF ANDHRA PRADESH

 MAIN CASE No: WP.No. 12325 of 2022

                     PROCEEDINGS SHEET
SL.     DATE                  ORDER                                    OFFICE
NO.                                                                     NOTE
1.    28.04.2022 BKM, J
                         Heard the counsel for the petitioner.
                         The    Government           Pleader     for
                 Services-IV     takes      notice        for    the
                 respondents.

The grievance of the writ petitioner is that the impugned order of suspension dated 13.11.2020 was passed by the respondent No.4 without jurisdiction and without there being any mentioning of the word "public interest".

The counsel for the petitioner further submits that the petitioner was placed under suspension pending disciplinary proceedings in view of the criminal cases registered against her and as she was in judicial custody for a period of more than 48 hours. While exercising the power under sub-rule (1) of Rule 8 of A.P.C.S. (CCS) Rules, 1991, the respondent No.4 placed the petitioner under suspension with the note order approval of the District Collector and Magistrate, Kakinada.

The counsel for the petitioner submits that the appointing authority in this case is the District Collector and as such, the respondent No.4 has no jurisdiction to suspend the petitioner pending enquiry.

The said suspension order is also contrary to the Judgment of this court in W.P.No.13300 of 2020 dated 04.09.2020 SL. DATE ORDER OFFICE NO. NOTE wherein it was categorically held that;

The suspension orders can be passed only when there is a pending investigation or enquiry against the Government employees; that the alleged investigation or enquiry is in respect of the grave charge and the said suspension is necessary in public interest.

The counsel for the petitioner also relied upon the decision of the Hon'ble Supreme Court of India in Orissa Vs. Bimala Kumar Mohanty reported in 1994 (4) SCC 126 and Union of India and others Vs. Ashok Kumar Aggarwal reported in 2013 (13) SCC 147.

Since the issues involved are required for a detailed investigation and as such the counter of the respondents is necessary.

Post after Summer Vacation,2022 for filing counter.

                                                    _______
                                                    BKM, J

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