G. JAYA VIKRAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed challenging the proceedings No. EE/GW/NDD/AB/WEC/955M, dated 1.10.2019 issued by the 3rd respondent placing the petitioner under suspension from 1.10.2019 alleging that he acted in violation of sub-rule (1)(b) of Rule 8 of A.P. Civil Services (CC&A) Rules, 1991, as illegal and arbitrary and consequently to direct the respondents to continue the petitioner in service with all consequential benefits.

(2.) The case of the petitioner is that the petitioner's mother, viz., G. Mani Florence, was working as a telephone attender in the Irrigation Department at Narsapuram. After her demise, the petitioner was appointed on compassionate grounds as Lascar on permanent basis on 20.10.1997. The role of Lascar involves operating the shutter, lock gates, and ensuring water supply to Ayakuts/canals. The Engineer-in-Chief (Admn.), Water Resources Department, after considering all relevant factors for promotion of Lock Superintendent, by proceedings No. Rc/ENC/I(1)/A/r)/27344172/2019-3, dated 29.8.2018 recommended the petitioner for the post of Lock Superintendent and directed the 2nd respondent to issue necessary orders and the same is still pending for consideration.

(3.) While so, the Hon'ble Minister for Housing issued a letter dated 9.9.2019 to the Superintending Engineer stating that the petitioner has taken political party membership in 2005 contrary to the rules of the service. He has also taken part in the election campaign for MPTC and ZPTC elections in 2014 on behalf of a TDP Political Party. The criminal case registered against the petitioner in that regard in CC No. 7 of 2016 on the file of the Principal Junior Civil Judge, Eluru, alleging violation of service conditions, was ended in acquittal on 16.11.2016. Basing on the letter issued by the Hon'ble Minister, the 2nd respondent issued show-cause notice dated 16.9.2019. Though the petitioner submitted his explanation on 20.9.2019, without considering the same the 2nd respondent passed the impugned order dated 1.10.2019 suspending him on the allegation that the petitioner has involved in political activities while he was on duty. Main grievance of the petitioner is that as the criminal Court has already exonerated him, fresh enquiry cannot be conducted against him on the very same allegation. Hence the present writ petition.