HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 19932 OF 2009

O R D E R :

This Writ Petition is filed seeking a mandamus to declare the office order No. P2/255(3)/06-WM-KR dated 01.04.2009 issued by the 2nd respondent whereunder treating the suspension period w.e.f. 17.08.2006 to 08.12.2006 and treating the period as ‘not on duty’ as well as not paying the increments for the years 2007 & 2009, incentive and reconciliation amounts till date to the petitioner as illegal, arbitrary, null and void and consequently direct the respondents to treat the petitioner’s suspension period as on duty and pay the suspension allowance, increments for the years 2007 & 2009, incentive and reconciliation amounts payable to petitioner.

2. It is stated that petitioner while was working as Mechanic Grade-I at Zonal Workshop, Karimnagar one Sri Anumula Achaiah, in intoxication, consumed poison and while undergoing treatment, died on 10.08.2006. Due to union rivalry and pressure of union leaders, the deceased gave dying declaration that due to pressure of petitioner, he consumed poison. Basing on the said complaint, II Town Police, Karimnagar lodged FIR No. 221 of 2006 for the offence under Section 306 IPC.

Consequently, the 3rd respondent placed him under suspension vide order dated 22.08.2006 alleging as under:

“ The Sub-Inspector of Police, Karimnagar Town Police Station, Karimnagar through the report submitted by him through Lr.No. C.No. 221/Crime-P2/2006, dated 21.08.2006 stating that I was taken into custody and arrested on 17.08.2006 and sent to judicial remand by the Police of II Town / Karimnagar against the allegations of harassment and torture by you which caused to attempt suicide of Sri A. Achaiah, E.301353 and Shramik of Zonal Workshop / Karimnagar on 30.07.2006 afternoon and later expired on 10.08.2006. A case in FIR No. 221 / 2006 and IPC Sec. 306 dated 30.07.2006 has been registered against you by Karimnagar II Town Police Station.

Hence, in terms of Regulation 18(2) of APSRTC Employees Classification: Control and Appeal (CC&A) Regulations, 1967, you are deemed to have been placed under suspension w.e.f. 17.08.2006 i.e. from the date of your arrest by the police, pending further action as per the Court judgment.

You need not attend duty during the period of suspension.

You will be paid subsistence allowance during the period of suspension as per the Rules in force.”

The case of the petitioner is that he applied for leave from 10.08.2006 to 12.08.2006 due to back pain. 13^th August 2006 being Sunday, due to severe back pain, he extended leave from 14.08.2006 to 19.08.2006. Again on 18.08.2009, he sent leave Application through courier service stating that he was arrested by police in a false case on 18.08.2006 and was remanded to judicial custody. He would obtain bail within a week, hence sought extension of leave from 20.08.2006 to

26.08.2006 with permission to leave headquarters. However, the Assistant Works Manager-I endorsed that ‘the leave application is received on 22.08.2006 by 17.00 hours and he was already placed under suspension w.e.f. 17.08.2006. Hence, leave not considered’. As his leave Application was not reached in time, petitioner approached the District Consumer Disputes Redressal Forum, Karimnagar vide Consumer Complaint No. 32 of 2007 seeking compensation. The said Application was allowed on 02.08.2007 directing the couriers to pay Rs.5,000/- towards compensation and damages with 9% interest thereon from the date of filing the Petition i.e. 01.05.2007 and costs of Rs.1,000/-

and he received a cheque for Rs.6200/- also.

It is further stated that he filed Criminal Petition No. 2043 of 2007 before the erstwhile High Court of Andhra Pradesh to quash the criminal proceedings and obtained stay. Hence, suspension was raised and he was transferred to Godavarikhani Depot. Finally, by order dated 28.02.2008, proceedings in Crime No. 221 of 2006 was quashed. However, the Assistant Works Manager-1, ZWS/Karimnagar issued the impugn