IMPORTANT POINT
Suspension without due process and a fair inquiry is illegal, violating principles of natural justice.

ORDER :

This petition is filed under Article 226 of the Constitution of India for the following relief:-

“to issue an order direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 herein in issuing impugned proceedings dated 29.11.2021 vide Roc.No. 482911/2020/E3 suspending petitioner from the service with effect from date of detention, i.e 24.05.2021 in terms of sub rule (2) of Rule 8 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 and shall remain under suspension until the termination of proceedings related to the criminal Charges, as illegal, arbitrary and violative of Article 14 of the Constitution of India, apart from being violative of principles of natural justice and consequently direct the respondents herein to reinstate the petitioner into service with all consequential benefits and pass such other order or orders…….”

2. The precise case of the petitioner is that he was appointed as a Ward Amenities Secretary (Grade-II) by the Regional Level Committee as per proceedings vide Roc.No. 25919/2019/A-1, dated 01.11.2019 by the 3rd respondent and further the petitioner was reported before the 4th respondent on deputation. While he was working in the Housing Corporation Limited, a complaint was made by the Degala Vijaya Durga on 09.05.2021 and registered a case in Crime No.128 of 2021 of Kothapet Police Station, Guntur against the petitioner alleging that the sister of the complainant Degala Siva Kumari, Mahila Police, Srinivasarao Pet Sachivalayam, Guntur has committed suicide by hanging in her relatives room. The petitioner was remanded on 24.05.2021 for judicial custody and released on bail on 26.07.2021 and the same was informed to the Project Director. But the Deputy Executive Engineer (H), APSHC, Guntur West Constituency issued proceedings dated 28.07.2021 relieving the petitioner and directed to report to the respective secretariats and inform to the Municipal Commissioner, Guntur, wherein the petitioner was shown as absconded from duties. After enlarged on bail on 26.07.2021, the 4th respondent permitted to join the duty and the petitioner joined the duty on 11.08.2021. Subsequently, the 4th respondent issued proceedings dated 29.11.2021 suspending the petitioner from the service with effect from the date of detention i.e 24.05.2021 in terms of Rule 8(2) of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 ( in short ‘the Rules’) and shall remain under suspension until the termination proceedings related to the criminal charges. Therefore, the petitioner questioned that the 4th respondent is not competent authority to issue termination proceedings as he was appointed by the 3rd respondent. As such, the impugned order is liable to be set aside. Hence, the present writ petition came to be filed.

3. Heard Mr. Venkata Rama Rao Kota, learned counsel for the petitioner; learned Assistant Government Pleader, Municipal Administration and Urban Development and Mr. K. Sridhar Murthy, learned Standing Counsel for the respondents.

4. During hearing learned counsel for the petitioner reiterated the contents urged in the writ affidavit and mainly contended that the petitioner was falsely implicated the criminal case in Crime No.128 of 2021 of Kothapet Police Station, Guntur and the impugned order has been passed mechanically without issuing any show cause notice and suspending the petitioner from services, even without initiating disciplinary proceedings is highly illegal and arbitrary. The retrospective suspension is bad in law. Hence the petitioner is requested the respondents for review the Suspension Order and to pay subsistence allowance as per the rules. But the respondents highhandedly recovered the amounts from the petitioner by showing the retrospective Suspension Order, which is highly illegal and arbitrary. Hence, requested to allow the writ petition.

5. Per contra, 4th respondent filed count