Suspension of government employees must not exceed one year and requires periodic review to prevent indefinite punitive action without due process.

ORDER :

Nyapathy Vijay, J.

1. The present Writ Petition is filed to declare the action of Respondents in not reinstating the Petitioner and continuing the impugned suspension Proceedings vide Memo No.EE/O/Dhone/ADM/JAO/S1/F.16/D.No.63/24, dated 26.09.2024 issued by Respondent No.4 even without paying subsistence allowance from 14.06.2024, as illegal and arbitrary.

2. The Petitioner was temporarily appointed as Energy Assistant (Junior Lineman Grade-II) in APSPDCP on 01.10.2019 and his probation was declared. A crime was registered against the Petitioner and 15 others in F.I.R.No.92 of 2024 on the file of the Veldurthy Police Station for the offences punishable under Sections 147 , 148, 323, 324, 353, 307 and 302 R/w 149 IPC and no charge-sheet has been filed as on date. While so, the impugned order of suspension was issued by Respondent No.4 on the premise that the Petitioner was involved in the above said crime. Questioning the same the present Writ Petition is filed.

3. Learned counsel for the Petitioner M/s. Bugulu Sreeteja would submit that the impugned order dated 26.09.2024 issued by Respondent No.4 and continuance of the order of suspension amount to punishment. The learned counsel further submits that the proposed charges against the Petitioner do not warrant keeping the Petitioner under suspension for such a long time.

4. Learned Assistant Government Pleader appearing for the Respondents would submit that disciplinary action is being initiated against the Petitioner and considering the charges that are proposed against the Petitioner, the order of suspension cannot be found fault with.

5. Heard the respective counsel.

6. In G.O.Ms.No.22, General Administration (Ser-C) Department, dated 29.02.2024, the Government after taking into consideration earlier G.Os, directed that orders of suspension should be reviewed every four (04) months and the outer limit of suspension was reduced to one (1) year. The Paragraph No.5 of the said G.O., is extracted below:

“After careful examination of the matter, after reviewing the said G.Os., duly obtaining the advice of the Competent Authority and in modification of the orders issued in the G.Os.1^st to 4^th read above, Government hereby direct to reduce the outer limit of suspension of Government servant from two (2) years to one (1) year from the date of suspension of the Government servant fixed in read with G.O.Ms.No.86, G.A. (Ser.C) Dept., dt.8.3.1994 read with G.O.Ms.No.526, G.A. (Ser.C) Dept., dt 19.8.2008 and G.O.Rt No.2285, G.A. (Ser.C) Dept., Dt.18.05.2012 for reinstatement of the Government servant under suspension, subject to all other conditions stipulated therein and also direct to review the order of suspension against a Government servant both in ACB and Departmental Inquiries at the end of every four (4) months instead of six (6) months fixed in G.O.Ms.No.86, G A. (Ser.C) Dept., dt.8.3.1994.”

7. As per the said G.O., the maximum period of suspension is provided for two (2) years. The employees can be suspended for a period of one (1) year and in the event the Respondent-authorities seek to extend the suspension period, there should be compelling reasons.

8. Therefore, the Writ Petition is disposed of with the following directions;

(i) The Respondents are directed to review the impugned suspension Proceedings vide Memo No.EE/ O/ Dhone/ ADM/ JAO/ S1/F.16/D.No.63/24, dated 26.09.2024 issued by Respondent No.4 in terms of Paragraph No.5 of the above G.O., within a period of four (4) weeks from the date of receipt of a copy of this order;

(ii) The Respondents are also directed to pay subsistence allowance to the Petitioner as per the entitlement in accordance with the Rules;

(ii) No order as to costs.

9. As a sequel, misc