E. Laxmi Prasad Rao v. The State of Telangana

Court: High Court for State of Telangana

Bench: ABHINAND KUMAR SHAVILI

Judgment date: 2020-12-23

Case summary

High Court for State of Telangana judgment dated 2020-12-23. E. Laxmi Prasad Rao v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO: 23626 OF 2020 Between: E. Laxmi Prasad Rao, S/o. Laxman Rao, Aged 57 years, Occ - Asst. Geologist (FAC Asst, Director of ltrlines and Geology Bhadradri Kothagudem Dist) Flat No- 101 , Sai Mithra Raman, Classic Apartments Street No. 2, Tarnaka, Hyderabad - 500017 ... PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secretary, lndustries and Commerce f\ilines and Geology Govt. of Telangana, Hyderabad. 2 The Director, Mines and Geology, Government of Telangana, Hyderabad ...

RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, order or direction more in the nature Writ of Mandamus, to declare the action of the respondents placing and continuing the petitioner under suspension indefinitely without sanctioning and paying the annual grade periodical increments from July 01-07-2019 and 01-07-2020 pursuant to Proc. No. 231067/E/2019 dated: 02. 02. 2019 read with lr4emo No. 231061E112019 dated 16-1'1-2019 further not reviewing and reinstating the petitioner into service on the ground of involvement RCO case in ACB without there being sanction of prosecution proceedings U/Sec. 19 of the Prevention of Corruption Act, 1988 as being illegal, arbitrary, unjust, contrary to the orders issued by the Government vide G. O. lVs. No. 86 General Administration (Ser. C) Department dt. 08. 03. 1994 read with G. O. Ms. No. 526 GAD dt 19. 08.

2008 and '14 violation of Article of the Constitution of lndia and for a consequential declaration that the petitioner is entitled to be reinstated into service along with sanction and release of annual grade periodical increments from July 01-07-2019 and 01-07-2020 with all consequential benefits incidental thereto in the interest of justice. lA NO: 1 OF 2020 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to review the suspension order issued in Proc. No. Proc. No. 231067lEl2019 dated: 02. 02. 2019 read with Memo No. 231061E12019 dated 16-1 1-2019 by reinstating the petitioner into service duly granting and sanctioning the annual grade periodical increments from July 01-O7-2019 and 01-07-2020 in terms of G. O. Ms. No. 86 General Administration (Ser. C) Department d1. 08. 03. 1994 read with G. o. tr/s. No. 526 GAD dt. ',l9.

08,2008' pending disposal of the above writ petition. Counsel for the Petitioner: SRI D. LINGA RAO Counsel for the Respondents: GP FOR SERVICES-ll The Court at the admission stage made the following: ORDER THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 23626 of 2020 ORDER: This writ peliiion is being disposed of ot the odnrission stoge with lhe consent of both porlies. This wril petition is filed seeking the following relief : "...... to declare the action of the respondents ptacing and continuing the petitioner under suspension indefinitety without sanctioning and paying the annuat grade periodical increments from 01. 07. 20'19 and 01. 07,2020 pursuant to Proc. No. 23106/ E/2019 dated 02. O2. 2019 read with Memo No. 23106/E/2019 dated 16112019 further not reviewing and reinstating the petitioner into service on the ground of invotvement RCO case in ACB without there being sanction of prosecution proceedings U/Sec.

19 of the Prevention of Corruption Act 1988 as being itlegal, arbitrary, unjust, contrary to the orders issued by the Government vide G. O. Ms. No. 86 Generat Administration (Ser. C) Department dt. 08. 03. 1994 read with G. O. Ms. No. 526 GAD dt. 19. 08. 2008 and viotation of Articte 14 of the Constitution of lndia and for a consequentiaI dectaration that the petitioner is entitled to be reinstated into service atongwith sanction and retease of annuat grade periodical increments from 01 . 07. 201 9 and 01 . 07 . 2020 with att consequentiat benefits incidentaI thereto ...... ". Heord Mr. D. Lingo Roo, leorned counsel oppeoring for lhe pelitioner ond the leorned Government Pleoder for Services-ll oppeoring for the respondenls. It hos been contended by the peiitioner lhol he is working os o Assistont Geologist ond the respondents hove ploced him under t suspension vide proceedings doted O2lO2/2019 on the olleged I ground of involvement in ACB cose.

The grievonce of the pelitioner is thol though more thon one ond holf yeors hove lopsed, the respondenls ore not reviewing lhe soid suspension order. Therefore, leorned counsel oppeoring for ihe petitioner conlended thol oppropriote orders be possed in the writ pelition directing the respondents lo review the suspension order of lhe petiiioner strictly in terms of G. O. Ms. No. B6 doted 08. 03. 1994 ond G. O. Ms. No. 526 doted 19. 08. 2008 ond poss oppropriote orders in occordonce with low. Leorned Government Pleoder oppeoring for lhe responden ls conlended thol the cose of lhe pelilioner would be reviewed ond oppropriote orders would be possed by lhe respondents in occordonce with low. This Court, hoving considered the rivol submissions mode by lhe porlies, is of the considered view ihot this writ petition con be disposed of directing ihe respondents to review lhe suspension order of the petitioner slrictly in terms of G. O. Ms. No. B6, doled 08. 03. 1994 ond G. O. Ms. No.

526, doled 19. 08. 2008 ond poss oppropriote orders in occordonce wi'th low, within o reosonoble period, preferobly within o period of eight weeks from lhe dote of receipl of o copy of lhis order. With the obove observolions, this wril peiilion is disposed of . No costs. Pending miscelloneous pelitions, if ony, sholl stond. closed. SD/. K. SAILESHI ASSISTANT REGISTRAR //TRUE COPY// i: '- -- SECTION OFFICER To, 1. The Principal Secretary, lndustries and Commerce Mines and Geology, State of Telangana, Govt. of Telangana, Hyderabad. 2. The Director, [\,4ines and Geology, Government of Telangana, Hyderabad 3. One CC to Sri. D. Linga Rao, Advocate [OPUC] 4. Two CCs to GP for Services-ll, High Court for the State of Telangana. [OUT] 5. Two C. D. Copies Prk ^xV HIGH COURT AATED:2311212020 1 HE S IA o g,! nl't o 0 zon C) ORDER 4 * * WP. No. 23626 of 2020 cO . sNATCH I Disposing of the WP. without costs.

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