GOVERNMENT OF ANDHRA PRADESH Vs. V SIVARAMAN

JUDGEMENT

(1.) Special leave granted.

(2.) The State of Andhra Pradesh has challenged the validity of the order of the A. P. Administrative Tribunal which allowed the petition of the respondent and revoked his suspension order with a direction to reinstate him with full salary from October 6, 1988.

(3.) The matter arises in this way: The respondent was an Assistant Labour Officer. He was trapped by Anti-Corruption Bureau for demanding and accepting a bribe of Rs. 300/- for doing an official favour to a bus operator of Nellore District. The Anti Corruption Bureau submitted a report to the Labour Commissioner about the involvement of the respondent in the corruption charges. On 21 March, 1988, the Commissioner placed the respondent under suspension under R. 13(l) of the A.P. Civil Service (CCA) Rules pending investigation of the case. The respondent challenged the order of suspension before A.P. Administrative Tribunal in Representation Petition No. 2161 of 1988. On 31 October 1988, the Tribunal without disturbing the suspension order directed the Government to review the case of respondent as per rules. On 6 December 1988, the Government reviewed the case of respondent and issued an order extending his suspension. Earlier to that on 23 August, 1988, the Anti-Corruption Bureau submitted its final report to the Government seeking permission to prosecute the respondent. On 2 November 1988 the sanction was accorded. On 15 February 1989, the charge-sheet was filed against the respondent in the Special Court at Hyderabad and the same is pending trial. In the meantime the respondent moved the A.P. Administrative Tribunal under Representation Petition No. 7329 of 1988 seeking revocation of the suspension order and claiming full salary from 6 October 1988. The Tribunal by the judgment dated 31 March 1989 which is impugned in this appeal has allowed that petition. The operation portion of the order reads: