THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.15187 OF 2011 ORDER: This writ petition is filed seeking to issue writ of mandamus declaring the action of the respondents in not considering the representations, dated 01-07-2010, 19-07-2010, 17-07-2010 and 30-03-2011 of the petitioner for revocation of suspension order issued vide G.O.Ms.No.122, dated 17-12-2008 and as per G.O.Ms.No.526, dated 19-08-2008 and also for payment of subsistence allowance as illegal arbitrary and consequently direct the respondents to take steps for revocation of suspension order and for payment of remaining subsistence allowance. 2. The petitioner was appointed as a Civil Supervisor in the year 1978 in A.P. Fisheries Corporation Limited and promoted as Deputy Executive Engineer in the year 1989 and thereafter as Executive Engineer in the year 1992. The petitioner was placed under suspension on 17-12-2008 on the ground that he was having assets disproportionate to the known source of income. The Anti Corruption Bureau officials registered a case against him in Cr.No.20/RJY/2008. Thereafter, he made representations to the Government to reinstate him into service in the light of G.O.Ms.No.526, General Administration (Services-C) Department, dated 19-08-2008. He further stated that the respondents are not paying subsistence allowance in accordance with rules. 3. There cannot be any dispute that an employee can be placed under suspension with regard to any mis-conduct, but it must be in accordance with rules governing the service conditions of the employees. G.O.Ms.No.526, dated 19-08-2008 reads thus (para 3): “Accordingly, Government hereby direct that the employees who are under suspension for a period exceeding two year shall be reinstated pending finalization of the disciplinary cases/criminal cases against them. However, in exceptional case, for example, where the charged officers are not co-operating 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 administ6rative 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 order of suspension against the employees who are continued under suspension well before completion of two years of suspension and take a decision to continue such employees under suspension beyond two years, duly recording the reasons for such a decision.” Therefore, appropriate decision has to be taken by the 1st respondent in accordance with the rules and regulations and Government orders in force with regard to representations made by the petitioner. Further, the petitioner is entitled to subsistence allowance as a matter of right in accordance with rules and regulations and he shall not be deprived of his right to life except in accordance with law. 4. Accordingly, the Writ Petition is disposed of directing the 1st respondent to take appropriate decision on the representations of the petitioners and pass appropriate orders thereon within a period of four weeks from the date of receipt of a copy of this order and also pay subsistence allowance to the petitioner. No order as to costs. ---------------------- K.C.BHANU, J. DATED: 08-06-2011 Hsd