BALASUBBA REDDY K Vs. A P ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) The question which arises for consideration is as to whether prima facie the provisions of Rule 47 of the Andhra Pradesh Village Administrative Officers Service Rules, 1990 would be ultra vires having regard to the fact that there exists no provision for grant of subsistence allowance while placing the employee under suspension.

(2.) The petitioner herein is aggrieved by an order dated 20-2-2001 passed by the A.P. Administrative Tribunal in O.A.No. 5 of 2001 whereby and whereunder the application filed by the petitioner herein questioning the order of suspension dated 16-11-2000 and the order of the appellate authority dated 29-11-2000, was dismissed.

(3.) The petitioner has at all and material times working as an Village Administrative Officer. On an allegation that he gave a false nativity certificate to his daughter he had been placed under suspension by an order of the Revenue Divisional Officer dated 4-11-2000. Upon being questioned, the said order was set aside by the A.P. Administrative Tribunal in O.A.No. 74 of 2000 on the ground that the said authority had no jurisdiction. Thereafter a criminal case under Section 420 of the Indian Penal Code was filed against him at the instance of some political activists which was registered as crime No. 97 of 2000. In connection with the said case the petitioner allegedly was detained in custody for a period of more than 48 hours. Thereafter the impugned order of suspension dated 16-11-2000 was passed which reads thus: