Telangana High Court

WP/24213/2020 of Mohd. Bashu Vs The State of Telangana and 3 Others on 30 December 2020

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THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF DECEI\IBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO. 24213 OF 2020 Between: Vpf,{ Qq.rtry., 94p .lty.O"r, ASg9, 9_0 years, Occ: Viilage

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)

WEDNESDAY, THE THIRTIETH DAY OF DECEI\IBERTWO THOUSAND AND TWENTY

PRESENT

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

WRIT PETITION NO. 24213 OF 2020

Between:

Vpf,{ Qq.rtry., 94p .lty.O"r, ASg9, 9_0 [years, Occ: Viilage ][Revenue Assistant ][(VRA),]R/o. Baddipally (V), Kothapally (tr/), Karimnagar District....PET|TIONER

AND

'1 . The State of Telangana, Rep. by its Principal Secretary, Revenue Department,Secretariat, Hyderabad.. The State of Telangana, Rep. by its Principal Secretary, Revenue Department,Secretariat, Hyderabad.

2. The District Collector, Karimnagar.

3. The Revenue Divisional Officer, Karimnagar, Karimnagar District.

4. The Tahsildar, Kothapally lviandal, Karimnagar District.

..,RESPONDENTS

Petition under Article 226 ol the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleasedto issue Writ or direction preferably Writ of lrrlandamus, declaring the action of theRespondent No.4 in wrongfully placing the Petitioner under indefinite suspensionfrom service vide Proceedings Ref.No.A/134212015 dated 20.05.20'19, issued by theRespondent No. 4, as illegal, arbitrary, violative of principles of natural justice andRule 44(1) of the Telangana Village Revenue Assistant's Service Rules, 2005; andconsequently direct the Respondent No.4 to forthwith reinstate the Petitioner intoservice as Village Revenue Assistant of Badipalli, witH'retrospective effect and allconsequential benefits.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased to directthe Respondent No.3 to consider and take appropriate action upon thethe affidavit filed in support of the petition, the High Court may be pleased to directthe Respondent No.3 to consider and take appropriate action upon theRepresentations of the Petitioner latest being dated 26.09.2020 for revocation of thesuspension of the Petitioner pending disposal of the Writ Petition.lA NO: 2 OF 2020suspension of the Petitioner pending disposal of the Writ Petition.lA NO: 2 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased tothe affidavit filed in support of the petition, the High Court may be pleased tosuspend the operation of the order issued by the Respondent No.4 videProceedings, Ref. No. A1134212019 dated 20.05.2019, pending disposal of the writpetition in the interest of justice.petition in the interest of justice.

Counsel for the Petitioner: SRI KOWTURU PAVAN KUMAR

Counsel for the Respondents: GP FOR SERVICES - ll The Court made the following: ORDER

wRlT PETITION No.24213 ot 2O2O

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ORDER:

This writ [petilion ]is being [disposed ][of ][ot ][the ][odmission stoge]wilh the conseni of bolh Porties.

This writ [petition ]is filed seeking [the ][following ][relief ][:]

"...... to issue Writ [or ][direction ][preferabty ][Writ ][of]Mandamus dectaring the action [of the ][Respondent No.4 in]wrongfutty ptacing the Petitioner [under ][indefinite]suspension from service vide [Proceedings ][Ref.No.]Al134212019 dated 20/05/2019 [issued ][bv ][the ][Respondent]No.4 as ittegat, arbitrary, viotative [of ][principles ][of ][natural]justice and Rute 44(1) of the Tetangana Vittage RevenueAssistant's Service Rutes, [2005 and consequentty ][direct ][the]Respondent No.4 to forthwith reinstate the [Petitioner into]service as Vittage Revenue [Assistant ]of [Badipatti with]retrospective effect and atI consequentiat [benefits...... ]".

Heord leorned counsel oppeoring [for ][the ][petitioner ][ond ][lhe]leorned Government Pleoder for Services-ll [oppeoring ][for ][the]respond en1s.

It hos been contended by [the ][petitioner ][thot ][he ][is ][working ][os]o Villoge Revenue Assistont ond the [disciplinory ][outhorily ][hos]ploced him under suspension vide proceedings doled 20.05.2019.

Leorned counsel oppeoring for [ihe ][petiiioner ][hod conlended]thot os [per ]the [provisions ]of [Rule ][44(1) ]l2l [of ][VRA ][Rules, ][2005, ][the]Tohsildor is competent to [ploce ]on [employee ][under ][suspension for]o period of lhree monlhs only. ln spile [of ][lopse ][of three ][months, the]respondents ore not reviewing the soid [suspension ][order ][nor]concluding the disciplinory [proceedings. ][Therefore, ][the ][petitioner]hos submiiied representotions to the respondents on 22.09.2020 [and]

26.09.2020. But, so for. the [respondents ][hove ][nol ][possed ][ony ][orders]on the soid representotions. [Therefore, ][oppropriote ][orders ][be]possed in the wrii petition directing the respondenls [lo ][review lhe]soid suspension order slrictly [in terms ][of ][the ][Rules ][ond ][olso ][by ][duly]considering ihe representotions [submitted ][by ][the petilioner.]

Leorned Government [Pleoder ][oppeoring ][for ][the ][respondenis]hod conlended thot since the [petitioner's represeniolions ][ore]pending with the respondents, the respondents [would ][consider the]some ond review the soid [suspension ][orders ][in occordonce ][wilh]low.

This Couri, hoving considered [ihe ][rivol ][submissions ][mode ][by]the porties, is of the considered [view ][lhot ][this ][writ ][petition ][con ][be]disposed of direcling the [respondenls ][to ][review ][the ][suspension]order of the [petitioner ]by duly [considering ][the ][represenlotions]submitted by the [petitioner on ][22.09.202\ond ][26.09.2020 ][ond ][poss]oppropriole orders in occordonce [wilh ][low, ][within ][o ][reosonoble]period, preferobly within o [period ]of eight weeks [from ][lhe dote ][of]receipi of o copy of this order.

'With the obove observotions, [this ][writ ][petition ][is ][disposed ][of ]

No costs.

Pending miscelloneous [peiilions, ][if ][ony, ][sholl ][stond closed.]

ASS€ll,tisAJJUAll//TRUE CoPY/' ,ECrrohSrrrcen To,1.The Principal [Secretary, ][Revenue Department' ][State ][of Telangana' ][Secretariat']2.5%fl iSl [i[;1i ][m ][n a ]s [a ][r, ][Ka ][ri ][mn ag ][a ][r ][D ][i ][st ][ri ][ct]J.4.If,! +fi iil-t :,-1t#; 6.?ffi ??y 3' [SBHI',:ns:3iTi ][m'i13si{i:;,';t ][s,ate or ][re,ans ][a ][na ][at]Hvderabad. [oUT]7.Two CD [CoPies.]MP

HIGH COURT

DATED:3011212020

ORDERWP.No.24213 of 2020

DISPOSING OF THE WRIT PETITIONWITHOUT COSTS

'(H€sTAcz(-)0BJAN2021

'lDU'o)

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