GANAPATI SREERAMA MURTHY Vs. D N R COLLEGE

JUDGEMENT

(1.) In both these writ petitions, the petitioners, are working as non-teaching staff members of a private educational institution under the same management. They were suspended by two different orders dated 17-4-2000 and 15-4-2000 respectively by the management in connection with a crime registered as Crime No. 116 of 2000 of II Town Police Station, Eluru. The suspension order was subsequently extended by the management after obtaining necessary permission of the competent authority till such time the police case registered against the petitioners is finalised. Aggrieved by the suspension until the finalisation of police case, the petitioners have approached this Court.

(2.) The learned Counsel for the petitioners in both the writ petitions, Sri P. Satyanarayana submits that extension of suspension till finalisation of the criminal case is contrary to sub-section (3) of Section 79 of the Andhra Pradesh Education, Act, 1982 (hereinafter called 'the Act'). The learned Government Pleader for Higher Education, Sri Satyanarayana Prasad submits that as per the proviso to sub-section (3), reading it as a whole, if the enquiry "is not started and completed" initially for a period of two months and even after further extended period of two months, a deeming provision comes into operation. By virtue of the deeming provision, the private educational institution is at option either to allow the suspended employee to work as an employee or deeming him as an employee, give the benefits attached to the post without allowing him to work in the institution. He also relied on a judgment of this Court in T. Inna Reddy vs. District Educational Officer, Hyderabad.

(3.) Sub-section (3) of Section 79 of the Act reads as under: