IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE G. BIKSHAPATHY And THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 25774 of 2003 AND CONTEMPT CASE NO : 1574 of 2004 WRIT PETITION NO : 25774 of 2003 Between: P.Nageswara RAo s/o Linga Raju, Principal, A.P. Tribal Welfare Residential Junior College, Rajaommangi (V) & (M), East Godavari District. ..... PETITIONER AND 1 The Chairman A.P. Tribal Welfare Residential Ashram Education Institutions Society-cum-The Principal Secretary, Social Welfare Department, Secretariat, Hyderabad 2 The A.P. Tribal Welfare Residential & Ashram Educational Institutions Society, represented by its Member Secretary/Commissioner, Tribal Welfare Department, Hyderabad. 3 The Project Officer, ITDA, Paderu Visakhapatnam District. 4 The Project Officer, ITDA, Rampachodavaram, Visakhapatnam District. 5 The Principal, Tribal Welfare Residential School & Junior College, Araku Valley, Visakhapatnam. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ or order or direction more particularly one in nature of Writ of Mandamus declaring the action of the 4th respondent herein issuing proceedings in Rc.No.T4/934/2003, DT. 02-11-2003, placing the petitioner under suspension is illegal arbitrary, without power or authority, if necessary by declaring Annexure IV appended to rule 16 of the AP Tribal Welfare Residential Educational Institutions Society (APTWREIS) Recruitment Rules, 1999 as illegal, unjust, violative of Article 14 of the Constitution of India and consequently set aside the same with a direction to the respondents to verify whether the petitioner had really not paid the alleged amounts to the agencies of the Society. Counsel for the Petitioner: SMT.N.SHOBA and MR.K.R.PRABHAKAR Counsel for the Respondent Nos.1 to 3 and 5: GP FOR SERVICES II Counsel for the Respondent No.4: MR.G.CHANDRIAH. CONTEMPT CASE NO : 1574 of 2004 (Contempt Case under Sections 10 to 12 of Contempt of Courts Act to punish the Respondents herein for violating and disobeying the Order of the High Court dated 11.2.2004 in WPMP No.32553 of 2003 in WP No. 25774 of 2003. Between: P. Nageswara Rao, S/o Linga Raju, Principal, A.P. Tribal Welfare Residential Jr. College, Rajaommangi (V) & (M). East Godavari District. ..... PETITIONER AND 1 Sri Chaya Ratnam, Chairman, A.P. Tribal Welfare Residential Ashram Education Institution Society-Cum- Principal Secretary, Social Welfare Department, Secretariat, Hyderabad. 2 Sri Man Mohan Singh, IAS., Member Secretary/Commissioner, A.P.Tribal Welfare Residential & Ashram Educational Institutions Society, Tribal Welfare Department, Hyderabad. 3 Sri Syed Ali Murtaza Rizvi, IAS., Project Officer, ITDA, Paderu, Visakhapatnam District. 4 Sri Soloman Arogya Raj, IAS., Project Officer, ITDA, Rampachodavaram, Visakhapatnam District. 5 Sri P.J. Satyanandham, FAC., Principal, Tribal Welfare Residential School & Junior College, Araku Valley, Visakhapatnam District. .....RESPONDENTS Counsel for the Petitioner: MR.K.R.PRABHAKAR Counsel for the Respondent Nos.1 to 3 and 5: G.P.FOR SERVICES-II Counsel for the Respondent No.4: MR.G.CHANDRIAH. The Court made the following: ORAL ORDER: (per GB.J.) The Writ Petition is filed challenging the order of suspension passed by the 4th respondent-The Project Officer, ITDA., Rampachodavaram, Visakhapatnam District, dated 2.11.2003. 2. The petitioner was initially appointed as Trained Graduate Teacher by way of direct recruitment on 26.10.1983. Thereafter he was promoted as Post Graduate Teacher in the year 1995. He was further promoted as Principal and posted at Junior College, Araku Valley on 22.7.2002. Thereafter the petitioner was transferred from Araku to Raja Vommangi, East Godavari District on 30.6.2003. However, while working at Raja Vommangi, the petitioner was placed under suspension on 26.8.2003. When the said suspension was challenged in Writ Petition No.18999 of 2003, while admitting the Writ Petition this Court suspended the said order on the ground that the suspension order was passed without jurisdiction keeping it open to the competent authority to pass appropriate orders. However, on 2.11.2003, the 4th respondent passed the impugned order on the same ground as was mentioned in the earlier suspension order. Challenging the said suspension order, the present Writ Petition has been filed on 8.12.2003. This Court by an order dated 11.2.2004 suspended the order of suspension. But, however, since the order of this Court was not implemented, Contempt Case No.1574 of 2004 was filed alleging violation of the orders of this Court dated 11.2.2004. 3. It is contended by the learned counsel for the petitioner that the suspension order is wholly unwarranted and that even though the enquiry is sought to be conducted, it does not preclude from conducting the enquiry as the irregularities are alleged to have been committed while working as Principal at Araku and the petitioner is presently working at Raja Vommangi and therefore no useful purpose will be served while placing the petitioner under suspension. It is also submitted that the suspension order ought to have been reviewed after three months as per the Bye-Laws and also the fundamental rules, which are made applicable. But, in the instant case no such review has taken place and therefore the suspension order is liable to be set aside. 4. In the counter filed by the respondents it is stated that since the prima facie case was made out in respect of the alleged misconduct committed by the petitioner, he was placed under suspension and therefore it cannot be said that the order is wholly without jurisdiction and incompetent. Hence the impugned order of suspension is quite legal and valid. 5. We have heard the learned counsel for the petitioner. 6. It is not in dispute that when the suspension order was passed earlier, the same was challenged and the said suspension order was set aside on the point of jurisdiction. For the second time, again the 4th respondent passed the suspension order on 2.11.2003. Even though this Court suspended the said suspension order, the same was not given effect to for the reasons best to known to the authorities. Therefore, prima facie we find that the respondents are not justified in not giving effect to the order of suspension and keeping the petitioner under suspension. 7. Be that as it may, the ground of suspension was that the petitioner was alleged to have committed certain misconduct while functioning as Principal at Araku Valley College. But, since the petitioner is now posted at Raja Vommangi, we do not find any ground to place the petitioner under suspension. It is not the case of the Management that the petitioner has been trying to tamper with the evidence or with the documents and obviously it could not be, as he is not working at Araku. Under those circumstances, we find that the order of suspension is wholly unwarranted. 8. It is also brought to the notice of this Court that though the Enquiry Officer was appointed, no further progress has taken place for nearly one year. Under those circumstances, we are inclined to set aside the order of suspension. Accordingly the impugned order of suspension is set aside and the petitioner is entitled for full wages from the date of suspension passed by this Court i.e., 11.2.2004. However, it is open for the Enquiry Officer to complete the enquiry against the petitioner, if not already completed, expeditiously in accordance with the Rules. 9. The Writ Petition is accordingly allowed with the above directions. No costs. C.C.NO.1574/2004 10. In view of the orders passed in the main Writ Petition, no further orders are necessary in this Contempt Case. 11. Accordingly the Contempt Case is closed. ------------------------ G.BIKSHAPATHY, J. 2nd February, 2005. --------------------- P.S.NARAYANA, J. SSR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Chairman A.P. Tribal Welfare Residential Ashram Educational Institutions Society-cum-The Principal Secretary, Social Welfare Department, Secretariat, Hyderabad 2 The Member Secretary/Commissioner, A.P. Tribal Welfare Department, The A.P. Tribal Welfare Residential & Ashram Educational Institutions Society, Hyderabad 3 The Project Officer, ITDA, Paderu Visakhapatnam District. 4 The Project Officer, ITDA, Rampachodavaram, Visakhapatnam District. 5 The Principal, Tribal Welfare Residential School & Junior College, Araku Valley, Visakhapatnam. 6 2 CCs to G.P. for Services-II, High Court of A.P. Hyderabad. (OUT) 7 2 CCs to Mr.G.Chandraiah, Counsel for R4. 8 2 CD copies