THE HON’BLE SRI JUSTI CE NAMAVARAPU RAJESHWAR RAO WRI T PETI TI ON No.22241 OF 2025

ORDER:

The present Writ Petition is filed seeking to declare the action of the respondents in continuing the petitioner under suspension beyond the prescribed period of two years with effect from 26.08.2022, pursuant to Memo No.DEE/OP/Kondapur/JAO-

ADM/D.No.309/22, dated 29.08.2022, as illegal and arbitrary.

2. Heard Sri N. Manohar, learned counsel for the petitioner, learned Government Pleader for Services-II, appearing for respondent No.1, and Sri N. Sreedhar Reddy, learned Standing Counsel for TSSPDCL, appearing for respondent Nos.2 to 4.

Perused the material on record.

3. Learned counsel for the petitioner submits that on 26.08.2022, a case in FIR No.12/RCT-CR-2/2022 was registered against the petitioner by the Inspector of Police, ACB, City Range-2, Hyderabad, for the offence under Section 7(a) of the Prevention of Corruption Act, 1988, based on a complaint lodged by one Mr. Mylarapu Shiva Kumar Reddy, pursuant to which the petitioner was arrested and remanded to judicial custody. Consequently, respondent No.4 issued the suspension order vide Memo No.DEE/OP/Kondapur/JAO-ADM/D.No.309/22, dated 29.08.2022, placing the petitioner under suspension with effect from

26.08.2022.

4. Learned counsel further submits that although a charge sheet has been filed in the said criminal case, no departmental enquiry has been initiated against the petitioner till date. He submits that the petitioner continues to be under suspension for nearly three years without review, which is in violation of G.O.Ms.No.86, General Administration (Ser.C), dated 08.03.1994, which mandates that suspension orders be reviewed every six months and should not ordinarily extend beyond two years except in exceptional cases. It is also submitted that the petitioner submitted representations dated 23.08.2024 and 28.07.2025 requesting reinstatement and that his reinstatement was recommended in a review meeting held on 09.09.2024, but no action has been taken. Hence, learned counsel prays this Court to direct the respondents to review the suspension order dated 29.08.2022 and reinstate the petitioner into service.

5. Learned counsel for the petitioner lastly submits that the present writ petition is squarely covered by the order of this Court, dated 29.02.2024 in W.P.No.5069 of 2024, and prays this Court to pass a similar order in the present writ petition also.

6. The said submission is not seriously disputed by the learned counsel for respondents.

7. The relevant portion of the order dated 29.02.2024 in W.P.No.5069 of 2024, is extracted hereunder:

"5. In view of the submission made by learned counsel for the respective parties, without going into the merits of the case, this Writ Petition is disposed of with a direction to respondent No.5 to review the suspension order of the petitioner, dated 09.03.2023 as per G.O.Ms.No.86 General Administration (Ser.C), dated 08.03.1994 and pass appropriate orders, in accordance with law, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of this order and communicate a copy thereof to the petitioner.."

8. Having regard to the submissions made by the learned counsel appearing for the respective parties, and for the reasons alike in the order dated 29.02.2024 in W.P.No.5069 of 2024, without going into the merits of the case, this Writ Petition is disposed of with a direction to respondent No.2 to review the suspension order of the petitioner, dated 29.08.2022 as per G.O.Ms.No.86, General Administration (Ser.C), dated 08.03.1994, and pass appropriate orders, in accordance with law, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of this order, and communicate a copy thereof to the petitioner. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

____________________________ NAMAVARAPU RAJESHWAR RA