Telangana High Court
Dr. A. Kiran Kumar vs The State Of Telangana on 7 January, 2025
THE HON'BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.490 OF 2025
ORDER:
With the consent of both the counsel, the Writ Petition
is disposed of at the stage of admission itself.
2. This Writ Petition, under Article 226 of the
Constitution of India, is filed seeking the following relief:
"...to issue an appropriate Writ, Order or Direction more particularly one in the
nature of Writ of Mandamus (A) by declaring the action of the respondents particularly
action of the 2nd respondent in not regularizing the suspension period between
12.06.2018 to 19.09.2023 despite of acquittal from the Criminal Charges in Sessions
Case No 237 of 2021 (PRC No 23 OF 2018) on 06.11.2023 on the file of the Court of XI
Additional Metropolitan Sessions Judge Hyderabad and on that account not considering
the genuine claim of the petitioner for promotion to the post of Associate Professor,
despite of his eligibility, suitability and within the zone of consideration while
considering others, is as wholly, illegal, arbitrary, unjust, improper, contrary to various
judicial pronouncements (B) Further hold that the petitioner herein is entitled for
regularisation of suspension period between w.e.f 12.06.2018 to 19.09.2023 including
all consequential benefits thereon such as seniority, pay and allowance and promotion
etc., in view of acquittal from the competent Criminal Court in Criminal Charges in
Sessions Case No 237 of 2021 (PRC No 23 OF 2018) on 06.11.2023 on the file of the
Court of XI Additional Metropolitan Sessions Judge Hyderabad and to pass such other
order or orders as this Honble Court may deem fit and proper in the circumstance of the
case AND c Consequentially direct the respondents to forthwith consider the case of the
petitioner for promotion to the post of Associate Professor in the existing vacancies
while considering others by duly regularising the suspension period from 12.06.2018 to
19/09/2023 of the petitioner in view of the acquittal from the Criminal Charges in
Sessions Case No 237 of 2021 PRC No 23 OF 2018 on 06/11/2023 on the file of the Court
of XI Additional Metropolitan Sessions Judge Hyderabad with all consequential
benefits..."
3. Heard Sri Arvind Kumar Kata, learned counsel for
the petitioner, learned Government Pleader for Services-I,
appearing for respondent No.1 and Sri Ch.Jagannatha Rao,
learned Standing Counsel for respondent No.2.
4. Learned counsel appearing for the petitioner
submitted that the petitioner while working as Assistant
Professor, he was placed under suspension vide proceedings
No.MR-300/59/2013/Adm.I-1, dated 12.06.2018, issued by
respondent No.2 on the ground that he was involved in a
criminal case in Crime No.148 of 2018 for the offences under
Sections 354 and 354 (A) (1)(ii), 307, 420, 323, 506 and 509
read with 34 of IPC. Thereafter, respondent No.2 issued
proceedings No.MR.309/59/2013/Adm.I-1, dated 15.09.2023
reinstating the petitioner into service. Pursuant to the said
proceedings, the petitioner submitted joining report on
20.09.2023. Learned counsel further submits that the
learned XI Additional Metropolitan Sessions Judge,
Hyderabad, vide its Judgment, dated 06.11.2023, in Sessions
Case No.237 of 2021 acquitted the petitioner in the said
criminal case. Therefore, the petitioner submitted a
representation, dated 28.01.2024 to respondent No.2 to
regularize his suspension period from 12.06.2018 to
19.09.2023 as on duty. As no orders are passed, the
petitioner prays this Court to permit him to make a fresh
representation to redress his grievance and further seeks a
direction to respondent No.2 to consider the same and pass
appropriate orders thereon, within the stipulated time.
5. Learned Standing Counsel for respondent No.2
submits that respondent No.2 will consider the representation
of the petitioner as and when he receives and pass
appropriate orders, in accordance with law.
6. Having regard to the submissions made by learned
counsel for respective parties, without going into the merits of
the case, the Writ Petition is disposed of permitting the
petitioner to make a fresh representation before respondent
No.2 within a period of one week from the date of receipt of a
copy of this order and on receipt of such representation
respondent No.2 is directed to pass appropriate orders,
strictly in accordance with law, as expeditiously as possible,
preferably within a period of four (4) weeks thereafter. There
shall be no order as to costs.
Miscellaneous petitions if any, pending in this writ
petition shall stand closed.
_______________________________
JUSTICE PULLA KARTHIK
Date: 07.01.2025
Note:
Issue C.C.tomorrow
(B/o) YVL
