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2015 Supreme(AP) 245

RAMESH RANGANATHAN, M.SATYANARAYANA MURTHY
Buddana Venkata Murali Krishna – Appellant
Versus
State of A. P. rep. , by its Principal Secretary, TR & B Department, Secretariat – Respondent


Advocates Appeared:
For the Petitioner:B.S.N. Naidu, Advocate.
For the Respondents: GP for Transport; GP for Services.

Judgment :-

Ramesh Ranganathan, J.

This Writ Petition is filed against the order passed by the A.P. Administrative Tribunal (for short the Tribunal) in O.A. No.7241 of 2014 dated 26.02.2015. The Petitioner herein invoked the jurisdiction of the Tribunal questioning the action of the disciplinary authority in not taking steps, in the exercise of the enabling provisions under Rule 8(2)(5)(a) and (c) of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, as illegal and arbitrary. By way of consequential relief he sought for a direction to the respondents to revoke his suspension, and to reinstate him to duty.

In its order, in O.A. No.7241 of 2014 dated 26.02.2015, the Tribunal noted that a charge sheet had not yet been filed in the criminal case registered against the petitioner; Rule 8(5)(a) provided that the order of suspension, made by the competent authority, shall continue to remain in force unless and until it is modified or revoked by the authority; Rule 8(5)(c) stipulated that the competent authority may, at any time, modify or revoke the suspension order; the State Rules did not mandate the competent authority, who placed the petitioner under sus


















































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