The State Of Telangana vs D.Srinivas Rao
2021 Latest Caselaw 4174 Tel

 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                     AND
             THE HON'BLE SRI JUSTICE N. TUKARAMJI


                    WRIT APPEAL No.635 of 2021


JUDGMENT:     (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     The present writ appeal is arising out of an order

dated 18.08.2021 passed by the learned Single Judge in

W.P.No.25480 of 2019.

     The facts of the case reveal that the respondent

before this Court has filed the writ petition challenging

the action of the appellants herein in continuing him

under suspension and no counter affidavit was filed by

the State Government in the writ petition. The learned

Single Judge has allowed the writ petition. The order

passed by the learned Single Judge is reproduced as

under:-

"This writ petition is filed seeking to declare the action of respondents in continuing the petitioner under suspension, as illegal and arbitrary.

2. Heard both sides.

3. The order suspending the petitioner was passed on 24.05.2017, and for prolonged period, the petitioner is kept under suspension. On one pretext or the order, the respondents are reviewing the suspension order and continuing the petitioner under suspension. Such extension of suspension period without assigning proper reasons, would amount to final punishment of termination from service. In view of the same, the extension of petitioner's suspension, cannot be sustained.

4. Accordingly, the writ petition is allowed and without reference to the suspension order, the respondents shall reinstate

the petitioner into service, since the petitioner is under suspension for more than two years. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed."

Learned counsel for the State Government has

argued before this Court that the respondent/employee is

involved in Bodhan Circle challan scam, which is

approximately to the tune of Rs.100 crores and the

investigation is going on by the Crime Investigation

Department (CID). He has further argued that the matter

be remanded back to the learned Single Judge for

granting an opportunity to the State to file a counter

affidavit in the main writ petition and thereafter the

learned Single Judge can certainly be free to pass

appropriate orders keeping in view the counter affidavit

of the State.

In the considered opinion of this Court, the counter

affidavit was certainly very much necessary in the

aforesaid matter. As no counter affidavit was filed for a

long time, the learned Single Judge was left with no other

choice, except to decide the matter in the absence of the

counter affidavit.

It is unfortunate that the State Government is not

filing counter affidavits in many cases. The filing of

counter affidavits is delayed on some pretext or the other,

which leads to orders without the counter affidavits.

Therefore, keeping in view the totality of the

circumstances of the case, the order passed by the

learned Single Judge is set aside and the matter is

remanded back to the learned Single Judge. The parties

are directed to appear before the learned Single Judge on

27.12.2021. The State is granted six weeks time to file

the counter affidavit, failing which the Special Chief

Secretary to Government, Revenue (Vig.II) Department,

shall remain present before the learned Single Judge, in

case no such counter affidavit is filed within the aforesaid

period.

Office is directed to list the writ petition before the

learned Single Judge having roster on 27.12.2021.

The writ appeal is accordingly disposed of. The

miscellaneous applications pending in this writ appeal, if

any, shall stand closed. There shall be no order as to

costs.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ N. TUKARAMJI, J 07.12.2021 vs