T INNA REDDY Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) On a reference made by a learned Single Judge of this Court by order dated 12-4-1996, this case has come up before us.

(2.) The question arising in this case is the correctness of an order of suspension passed against the teacher of an aided educational institution because of his arrest in connection with a criminal case and his liability to continue under suspension beyond four months. The writ petitioner was arrested on 15-6-1995 in connection with the allegations under Section 420,468 and 471IPC and was released on the same day on bail. The order of suspension was passed by the Special Officer, Headmaster and Correspondent of die School, respondent No. 2 stating that as the District Educational Officer had informed that the petitioner had been arrested on 15-6-1995 for his involvement in criminal cases, he was being placed under suspension under Rule 19(i) of G.O.Ms.No. 1 in public interest with effect from 15-6-1995 till the enquiry on the allegations is completed. On 17-1-1996 his suspension was extended by two months.

(3.) Section 79 of the A.P. Education Act, 1982, hereinafter referred to as "the Act", mates the provision that suspension shall remain in force for not more than two months and that if an enquiry is not started and completed within that period, he would be deemed to have been restored as the employee but that the competent authority may for reasons recorded in writing extend the period of suspension for a period not exceeding two months. The power can be exercised by the competent authority if in his opinion the enquiry cannot be completed within two months for reasons directly attributable to such employee.