Adduriseethababu, vs The Andhra Pradesh Easter Power ...
2023 Latest Caselaw 801 AP

 HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                  WRIT PETITION No. 31029 of 2022

ORDER:

This writ petition is filed to declare the action of the respondents

in not considering the representation of the petitioner dated 28.05.2022

for granting of regular annual grade increments and other service

benefits to him, as illegal and arbitrary.

2. Heard learned counsel for the petitioner and learned standing

counsel for the respondents.

3. Learned counsel for the petitioner would submit that the

petitioner has been working as Assistant Accounts Officer in the

respondent company since 2005. While so, a criminal case was

registered against him vide FIR No.244 of 2017 of P.M. Palem Police

Station for the offences punishable under Sections 447, 427 r/w Section

34 of IPC. In view of the same, the petitioner was under suspension

from 10.06.2017. After completion of investigation, a charge sheet was

filed and it was taken on file as C.C.No.341 of 2017 on the file of the

Special Magistrate at Bheemunipatnam, wherein the petitioner was

acquitted from the offences by judgment dated 13.11.2018. Pursuant

thereto, the petitioner was reinstated into service on 21.08.2017 and

since then he has been discharging his duties. In view of the acquittal in

the criminal case, the petitioner is entitled for all the benefits which

were denied to him during the period of suspension. Therefore, the

petitioner submitted a representation dated 28.05.2022 to the

respondents seeking release of his service benefits during the period of

suspension. However, no action is initiated by the respondents so far.

Aggrieved thereby, the petitioner filed the present writ petition.

4. On the other hand, learned standing counsel for the petitioner

would submit that the representation of the petitioner dated 28.05.2022

will be considered, in accordance with law.

5. Having regard to the submissions made by the learned counsels

for the parties, it is appropriate to dispose of the writ petition with a

direction to the respondents to consider the representation of the

petitioner dated 28.05.2022 and pass appropriate orders thereon, within

a period of two months from the date of receipt of a copy of this order.

6. Accordingly, the Writ Petition is disposed of. No order as to

costs. Consequently, Miscellaneous Petitions, if any, pending in the writ

petition shall stand closed.

____________________________________ VENKATESWARLU NIMMAGADDA, J 10th February, 2023 cbs

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

Writ Petition No. 31029 of 2022

10th February, 2023 cbs