UNION OF INDIA Vs. G.RAHGAVENDRA RAO

JUDGEMENT

(1.) This Writ Petition is filed challenging the order, dated 08.10.2012, passed by the Central Administrative Tribunal, Hyderabad Bench (for short 'the Tribunal), in O.A.No.875 of 2012. The 1st respondent herein (for short 'the respondent') filed the O.A., challenging the order of suspension, dated 23.07.2012. The O.A. was allowed and the order of suspension was set aside.

(2.) The facts, in brief, are that the respondent was appointed as Assistant Divisional Engineer (Telecommunications) in the Indian Telecommunication Service in the year 1988. Thereafter, he was promoted as Divisional Engineer in 1992, Deputy General Manager in 1998, and General Manager in 2008. He was on deputation to the Bharat Sanchar Nigam Limited (for short 'the BSNL') as General Manager and was working at Rajahmundry. On 01.06.2012, the CBI raided the house of a close relation of the respondent and submitted a report to the petitioners, stating that the material recovered in the search has disclosed that the respondent is holding assets disproportionate to the known source of his income. Taking the same into account, the 1st petitioner passed an order, dated 23.07.2012, placing the respondent under suspension. Two days thereafter, the 2nd respondent passed orders on 25.07.2012, canceling the deputation and ordering repatriation of the respondent to his parent department.

(3.) In the O.A., the respondent pleaded that the order of suspension was not served upon him, the CBI did not have the jurisdiction to conduct search upon him, without obtaining prior permission of the appointing authority, and the order of suspension, even if one goes by its contents, cannot be sustained in law, since an unrelated provision was cited. The O.A. was opposed by the petitioners and the respondents 2 and 3. The Tribunal allowed the O.A. through order, dated 08.10.2012.