B.Bhadru vs The Transport Commissioner
2023 Latest Caselaw 2548 Tel

          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.

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

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.

B/o.

PRN

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.

B/o.

PRN