Point of Law : It is settled principle of law that mere filing of an appeal or pendency of appeal is not a bar for passing orders on treating suspension period as on duty for all purposes.

ORDER :

Heard learned counsel for the petitioner and learned Government Pleader for Labour.

2. This writ petition is filed to issue a Writ more in the nature of writ of Mandamus or any other writ order or direction to declare the action of the 1st respondent treating the suspension period of the petitioner not on duty vide GO Ms. No.23, Labour, Employment Training and Factories (Emp-Vig.) Department, dated 19.09.2020 as illegal, arbitrary, unconstitutional and void being contrary to the FR 54-B and set aside the same and consequently direct the Respondents to treat the suspension period from 20/06/1998 to 08/08/2001 as on duty for all purposes with all consequential benefits.

3. The case of the petitioner, in brief, is as follows :

(a) The petitioner was initially appointed as Junior Assistant on compassionate grounds on 01.10.1984 at District Employment Exchange (Technical), Hyderabad and promoted as Senior Assistant in the year 1992 and as Superintendent on 08.08.2016.

(b) The petitioner was placed under suspension by the 2nd respondent on 20.06.1998 that a case was registered against him under Section 13(1)(c)(d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 read with Section 34 of IPC in Crime No.3/ACB.NZB/1998. In the said case, after full fledged trial, the petitioner was acquitted on 14.10.2015. Later reinstated into service on 04.08.2001 and posted at Government ITI Boys, Nalgonda.

(c) The petitioner made a representation on 19.01.2016 to consider his case for promotion as Office Superintendent on par with his juniors, but the same was not considered. Therefore, the petitioner filed O.A.No.2023 of 2016 before the erstwhile Tribunal.

(d) The Tribunal, vide judgment dated 06.06.2016 directed the respondents to consider the case of the petitioner for promotion on par with his juniors as per G.O.Ms.No.424, dated 25.05.1976. As such the petitioner was considered for promotion on 08.08.2016.

(e) As the criminal appeal filed by the respondents against the said criminal case was pending, the case of the petitioner for promotion was not considered. The 2nd respondent passed orders bearing No.G/M1/105/2016, dated 19.08.2016 that necessary steps will be taken as per orders of the tribunal soon after clarification is received from the Government to treat the suspension period i.e. from 20.06.1998 to 08.08.2001 as on duty or not and to release all service benefits.

(f) Since the respondents did not take any steps to pass orders, the petitioner filed W.P.No.25116 of 2019 directing the respondents to treat the suspension period as on duty for all purposes from 20.06.1998 to 08.08.2019 as per F.R.54-B in view of acquittal in the trial Court. The erstwhile High Court ordered the said writ petition on 15.11.2019 directing the respondents to consider the request of the petitioner. Hence, this writ petition is filed.

PREUSED THE RECORD :

4. Paras 4 to 7 of the order impugned in the present Writ Petition i.e., G.O.Ms.No.23, dt. 19.09.2020 rejecting the claim of the Petitioner for treating the period of suspension from 20.06.1998 to 08.08.2001 as on duty for all purposes though the Petitioner is acquitted in the criminal case is extracted hereunder :

Para 4 : In the reference 5th cited, the Director General, Anti Corruption Bureau, Hyderabad opined that there are grounds to file an appeal in the High Court of Judicature at Hyderabad against the acquittal orders of the trial court in C.C.No.01/2013, dt. 14.10.2015. Accordingly, in the reference 6th cited, Government accorded permission to Director General, Anti Corruption Bureau, Hyderabad to file an appeal in the Hon’ble High Court against the acquittal orders of the court in C.C.No.01/2013 dt. 14.10.2015.

Para 5 : In the reference 6th, the Hon’ble High Court in W.P.No.25116/2016 filed by Sri Shakeel Ahmed, Superintendent, Government Industrial Training Institute, Wanaparthy has ordered to consider the proposal submitted by the Director, Employment & Training, Telangana on 19.08.201