P LINGAMURTHY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is serving as Deputy Manager in the Production Centre in the establishment of the second respondent-Society for Training & Employment Programme in the Twin Cities (SETWIN). The petitioner was placed under suspension by the proceedings of the Managing Director of the SETWIN dated 13-3-1996 under Rule 23(iv) of the SETWIN Employees Conduct, Discipline and Appeal Rules, 1983, for short 'the CCA Rules' pending further investigation and enquiry against the petitioner. This order was issued by the Managing Director in pursuance of the order of the Government, G.O. Rt. No.218, Industries and Commerce (SES) Department dated 12-3-1996 directing the management of SETWIN to place the petitioner and four others under suspension pending enquiry. The Government, further, by the impugned proceeding, G.O. Rt. No.235, Youth Advancement Tourism and Culture (Ses) Department dated 18-6-1998 continued the suspension of the petitioner beyond 12-3-1998.

(2.) No charges are yet framed against the petitioner. However, in the counter filed by the first respondent it is stated that the enquiry revealed that the petitioner had drawn a sum of Rs.45,000.00 as advance for purchase of raw materials, but he failed to produce the relevant vouchers, stock entries, and he did not choose to get the advance adjusted immediately. Nothing concrete is said or laid in the counter filed by the management of SETWIN justifying the continued suspension of the petitioner. The allegations arc vague and general in nature.

(3.) The only question which arises for consideration is whether the continued suspension of the petitioner, in the facts and circumstances of the case, is justified and legal or whether it is arbitrary and unreasonable.