GUNDU SIVAJI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed questioning G.O. Rt. No. 45, Industries and Commerce (Vigilance) Department, dtd. 6/2/2019, issued by the first respondent and consequential proceedings dtd. 6/2/2019 issued by the second respondent, placing the petitioner under suspension and continuing him under suspension, as arbitrary and illegal.

(2.) The case of the petitioner is that he was promoted as Assistant Director of Mines and Geology and while he was working at Anakapalli, ACB authorities registered a crime against him alleging disproportionate of assets to the known sources of his income and he was placed under suspension with effect from 1/2/2019 vide impugned G.O. Rt. No. 45 dtd. 6/2/2019; petitioner is being continued under suspension contrary to G.O. Ms. No. 526, General Administration (Services-C) Department, dtd. 19/8/2008; questioning the impugned suspension order, petitioner filed WP No. 17532 of 2019 on the ground that the suspension order does not specify the period and the said Writ Petition was disposed of on 13/2/2020 directing the respondents to review the suspension order and pass a fresh order within a period of four weeks; petitioner filed a Writ Appeal No. 207 of 2020 seeking his reinstatement and the said appeal was disposed of on 22/6/2020 directing the respondents to take a decision in accordance with law; consequently, the suspension was reviewed and orders were passed on 13/11/2021 continuing the suspension for three more months; after expiry of the said period, petitioner again submitted a representation on 23/5/2022 requesting reinstatement in terms of G.O. Ms. No. 526 dtd. 19/8/2008, but the said representation is still pending with the authority. Hence, the Writ Petition.

(3.) Learned counsel for the petitioner relies upon the judgment of the Hon'ble Supreme Court reported in Ajay Kumar Choudhary v. Union of India (2015) 7 SCC 291.