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1999 Supreme(SC) 620

S.RAJENDRA BABU, B.N.KIRPAL
Govt. of A. P. – Appellant
Versus
B. Vasantha Rao – Respondent


ORDER

1. Special leave granted.

2. Respondent 1 was suspended by order dated 28-7-1998, on the same day when disciplinary proceedings were initiated against him. He filed a writ petition in the High Court challenging the order of suspension.

3. By the impugned order, the High Court noted that Respondent 1 had been empanelled for promotion to the post of Joint Commissioner on 28-5-1998 and the disciplinary proceedings commenced on 28-7-1998 and on the same day, i.e., 28-7-1998 he was suspended. From this, the High Court concluded that the act of suspension was an after thought. Consequently the High Court directed that no effect should be given to the order of suspension and the select list for promotion should be given effect to forthwith.

4. We are at a loss to understand as to how the High Court could pass such an order. Admittedly, the disciplinary proceedings had commenced on 28-7-1998. Even if before that date the said respondent had been empanelled for promotion, the Government cannot be prohibited from starting disciplinary proceedings if there are reasons for doing so. The High Court has not quashed the disciplinary proceedings and looking at the charges levelled against the




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