IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE FIFTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 25069 of 2008 Between: E. Ravinder, S/o. Narsaiah, Mallapur Mandal, Karimnagar District. ..... PETITIONER AND 1 The Commissioner and Director of School Education, Andhra Pradesh, Saifabad, Hyderabad. 2 The Regional Joint Director of School Education, Warangal. 3 The District Educational Officer, Karimnagar District, Karimnagar. 4 The Deputy District Educational Officer, Jagtial, Karimnagar District. 5 The Mandal Praja Parishad Development Officer, Mallapur Mandal, Mallapur, Karimnagar District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order or direction more particularly one in the nature of Writ of Certiorari or any other appropriate order or direction declaring the order passed in O.A.No. 8256 of 2008 dated 23- 10-2008 on the file of the Andhra Pradesh Administrative Tribunal at Hyderabad, as arbitrary, illegal, null and void and violative of the principles of natural justice and also violative of Articles 14, 16 19 and 21 of the Constitution of India. Consequently set as side the order passed by the respondent No.2 in Proc.No. Rc.No. 3514/A1/2008 thereby directing the respondent authorities to reinstate the petitioner into his service forthwith with all consequential benefits. Counsel for the Petitioner:MR.K.VENUMADHAV Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION The Court made the following : ORDER: (Per GM, J) Assailing the order dated 23.10.2008 passed in O.A.No.8256 of 2008 by the Andhra Pradesh Administrative Tribunal, Hyderabad, this writ petition is filed by the petitioner. The brief facts are that while the petitioner was working as Mandal Parishad Officer, Kollapur, Karimnagar District, the second respondent has issued proceedings dated 02.10.2008, suspending him from service on the ground that he demanded and accepted an amount of Rs.5,000/- from Sri T. Rajesham, Correspondent for forwarding the proposals of Little Flower Model School, Sirpur, Mallapur (MP) to the DEO, Karimnagar. Aggrieved by the same he filed O.A.No.8256 of 2008 and the same was disposed of on 23.10.2008 directing the respondents to conclude the disciplinary proceedings within a period of three months from the date of receipt of a copy of the order, failing which, the respondents shall reinstate the petitioner into service without prejudice to the disciplinary proceedings. Hence, the present writ petition is filed. Heard the learned counsel for the petitioner and the learned counsel for the respondents. Learned counsel for the petitioner contended that the second respondent, without conducting any enquiry and without giving any opportunity to him, has passed the suspension order on the basis of press clipping. Learned Government Pleader for School Education contended that after conducting preliminary enquiry, the suspension orders have been passed against the petitioner. The petitioner was placed under suspension pending enquiry on certain irregularities. The Tribunal, after consideration of the material on record, has directed the respondents to conclude the disciplinary proceedings within a period of three months from the date of the receipt of a copy of the said order. The impugned order was passed on 23.10.2008, and without completing the said period of three months, as directed by the Tribunal, the petitioner has approached this Court. That apart, the petitioner, without submitting any explanation to the suspension order dated 02.10.2008, directly approached the Tribunal as well as this Court. Hence, it is not proper for this Court to interfere with the order of the Tribunal, and more so, suspension pending enquiry is not a punishment. The Writ Petition is devoid of any merit and the same is accordingly dismissed. No costs. ______________________ GHULAM MOHAMMED, J ____________________ G.BHAVANI PRASAD , J Date:15.11.2008 sj . REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Commissioner and Director of School Education, Andhra Pradesh, Saifabad, Hyderabad. 2 The Regional Joint Director of School Education, Warangal. 3 The District Educational Officer, Karimnagar District, Karimnagar. 4 The Deputy District Educational Officer, Jagtial, Karimnagar District. 5 The Mandal Praja Parishad Development Officer, Mallapur Mandal, Mallapur, Karimnagar District. 6.2CCs to the Government Pleader for Education, High Court Building, Hyderabad. (OUT). 7.2CD copies. Form-NIC-OGS/WP{SPJS}