HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE G. CHANDRAIAH WRIT PETITION NO. 18188 OF 2010 Between: Doli Ranga Swamy, S/o Rja Ram ..... PETITIONER AND 1. The Principal Sessions Judge, Karimnagar and one another .....RESPONDENTS ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed seeking a direction from the respondents to reinstate the petitioner in terms of G.O.Ms.No. 526 General Administration (Services-C) Department, dated 19.8.2008 and further direct the respondents to revise the pay of the petitioner and fix his pay in PRC 2008 and also pay all annual grade increments due to the petitioner till the date of retirement. Brief facts of the case are that the petitioner while he was working as Superintendent in the Chief Judicial Magistrate Court, Karimnagr, he was kept under suspension by the Principal Sessions Judge, Karimnagar, first respondent herein, vide proceedings dated 29.9.2006, on the ground that he is involved in a Criminal Case registered by the Police CID, GOW, Hyderabad in the matter relating to payment made in Land Acquisition Cases on fake judgments and he was kept under judicial custody for a period beyond 48 hours and the suspension order came into effect from 13.9.2006. It is also stated that subsequent to his suspension order, departmental enquiry was conducted against the petitioner and others in the year 2006 and enquiry proceedings were completed but so far no enquiry report is furnished to him nor he is permitted to continue in service. He further submitted that under G.O.Ms. No. 526 dated 19.8.2008 the Government has taken a policy decision that an employee who is kept under suspension beyond a period exceeding two years shall be reinstated into service pending disciplinary proceedings against delinquent employee. It is stated that the petitioner was kept under suspension with effect from 13.9.2006 and as per the G.O.Ms. No. 526 dated 19.8.2008 his suspension period continued beyond two years, therefore, he is entitled to be reinstated. It is stated that the petitioner filed W.P.No. 2055 of 2008 along with WMPM, seeking suspension of the suspension order but, pending adjudication of WP, WPMP was dismissed on 27.1.2009. Hence, the present Writ Petition has been filed seeking reinstatement in terms of G.O.Ms.No. 526 dated 19.8.2008 and to revise the pay of the petitioner and fix his pay in PRC 2008 as he was retired from service on attaining the age of superannuation on 31.7.2010. The learned counsel appearing for the petitioner submits that the Government employee who kept under suspension exceeding two years period shall be reinstated pending finalization of disciplinary and criminal cases. He has drawn our attention to Rule 6 (d)(ii) of the Revised Pay Scales, 2010, which reads as under: “(ii) A Government employee who is under suspension on 1.7.2008 is entitled to get his pay fixed in the Revised Pay Scales, 2010 from the date of entry into the Revised Pay Scales, 2010 based on the pay on the date preceding his suspension. However, he shall continue to draw subsistence allowance based on the existing scale of pay. In case of reinstatement after 1.7.2008, the monetary benefit of Revised Pay Scales 2010, accrues with effect from 1.2.2010 or date of reinstatement whichever is later. His pay in Revised Pay Scales, 2020 for the period of suspension shall be subject to final outcome of the decision on the period of suspension.” Heard the learned counsel appearing for both sides and also perused the entire material made available on record. As seen from the record, it is no doubt true that the petitioner was kept under suspension by the Principal Sessions Judge, Karimnagar, first respondent herein vide proceedings dated 29.9.2006 on the ground that the petitioner involved in the matter relating to payments made in Land Acquisition Cases on fake judgments. It is also no doubt true that the enquiry proceedings were completed and the suspension period of the petitioner is continued beyond two years. Under G.O.Ms.No. 526 General Administration (Services) C. Department dated 14.12.2009, the Government has taken a policy decision that an employee who is kept under suspension beyond a period exceeding two years shall be reinstated into the service pending disciplinary proceedings against delinquent employee. The relevant portion of the said G.O reads as under: “Accordingly, Government, hereby, direct that the employees who are under suspension for a period exceeding two years shall be reinstated pending finalization of the disciplinary cases/criminal cases against them. However, in exceptional cases, for example, where the charged Officers are not cooperating for completion of investigation/inquiry or when the inquiry /investigation could not be completed due to pendency of litigation, a Committee headed by the Secretary of the administrative Department , Head of the Department concerned and an Official from the Anti Corruption Bureau ( where the cases are emanated from Anti Corruption Bureau investigation), shall review the orders of suspension against the employees who are continued under suspension well before completion of two yeas of suspension and take a decision to continue such employees under suspension beyond two years, duly recording the reasons for such a decision.” Rule 6(d) (ii) of the Revised Pay Scales, 2010 clearly demonstrates that if the petitioner is reinstated then only the subsistence allowance can be re-fixed on the revised pay scales of 2010. However, he shall continue to draw subsistence allowance based on the existing scale of pay and in case of reinstatement after 1.7.2008, the monetary benefit of Revised Pay Scales 2010, accrues to him with effect from 1.2.2010 or date of reinstatement whichever is later. In view of the policy decision taken by the Government in G.O.Ms.No. 526 dated 14.12.2009 and also as the matter is kept pending for a long period of time, we deem it appropriate to direct the authorities to complete and conclude the enquiry within a period of two months from the date of receipt of a copy of this order. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. _______________________ GHULAM MOHAMMED,J _________________________ G. CHANDRAIAH ,J DATE: 09.08.2010 KA NOTE: Furnish copy in three days ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.