IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 21453 of 2008 Between: K.Sunil Dutt S/o.Sanjeeva Rao R/o.H.No.152/2RT, LIGH, Vijayanagar Colony, Hyderabad. ..... PETITIONER AND 1 The Principal Secretary to Government, Home Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 2 The Director General and Inspector General of Police, Andhra Pradesh, Hyderabad. 3 The Addl. Director General of Police, C.I.D., Hyderabad. .....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 to issue (a) a writ order or direction especially one in the nature of writ of Certiorari calling for records relating to order dt. 31.7.2008 in O.A.No.3016/2004 and quash the same. (b) Consequently quash para 4 of G.O.Ms.No.59 dt. 25.2.2004 (c) And pass such other order or orders. Counsel for the Petitioner:MR.M.SURENDER RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following : O R D E R: (per Hon’ble Sri Justice Ghulam Mohammed) This Writ Petition is ﬁled by the petitioner seeking to quash the order of the A.P. Administrative Tribunal, Hyderabad (for short ‘Tribunal’) in O.A.No.3016 of 2004 dated 31-07-2008. While the petitioner was selected as Deputy Superintendent of Police (DSP) by the A.P.Public Service Commission and was appointed as such, vide G.O.Ms.No.151 dated 20-03-1992, alleging that he was 161 cms in height, which is less than the minimum prescribed height i.e. 165 cms, the Government issued G.O.Ms.No.352 dated 29-04-1994 placing him under suspension. Subsequently, the Government, vide G.O.Ms.No.705, dated 06-10-1994, terminated his services. The petitioner assailed the termination order before the Tribunal in O.A.No.6260 of 1994. Pending the O.A., the Tribunal suspended G.O.Ms.No.705, dated 06-10-1994. Thereupon, the Government, vide G.O.Ms.No.822 dated 16-12-1994, reinstated the petitioner into service subject to ﬁnal outcome of the above O.A. Later, the O.A. was allowed setting aside G.O.Ms.No.705, dated 06-10-1994 on the ground that the order of termination was punitive in nature and an order cannot be passed without conducting departmental enquiry. Pursuant to the orders passed by the Tribunal in the above O.A., the Government issued G.O.Rt.No.690, dated 29-05- 2003, directing to reinstate the petitioner into service. Thereupon, the Government again issued G.O.Ms.No.59 dated 25-02-2004 directing the Director General and Inspector General of Police, Hyderabad, to take immediate action for initiation of the departmental enquiry as per Rule 20 of the Andhra Pradesh Civil Services (C.C.A) Rules, 1991, against the petitioner for suppression of his height and to furnish a report to the Government. Assailing the said order, the petitioner approached the Tribunal in O.A.No.3016 of 2004. The Tribunal, by order dated 31-07- 2008, disposed of the application directing the respondent to complete the departmental enquiry initiated against the petitioner, in accordance with the Rules, within a period of six months from the date of receipt of that order, and in default, they shall pass orders revoking the order of suspension. As against the said order, the present writ petition is filed. Learned counsel for the petitioner contended that though the Government had issued G.O.Ms.No.690 dated 29-05-2003 implementing the orders passed in O.A.No.6260 of 1994 directing reinstatement of the petitioner into service, the Government ought not to have issued the subsequent G.O.Ms.No.59 dated 25-02-2004, directing the respondents to conduct departmental enquiry against him for suppression of his height and that the Tribunal erred in upholding the aforesaid G.O. and directing the respondents to complete the enquiry within a period of six months from the date of receipt of the order. Learned counsel would draw the attention of this Court to Rule 8 (4) of the C.C.A. & Conduct Rules, which reads as under: “Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant is set aside or declared of rendered void, in consequence of or by a decision of a court of law and the authority competent to impose the penalty, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the Government servant shall be deemed to have been placed under suspension by the authority competent to impose the suspension from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.” Learned counsel for the petitioner contends that the above rule does not cover termination of services of an employee and, therefore, it is not applicable to the petitioner. Learned Government Pleader for Services-I supports the order of the Tribunal and submits that it would suﬃce if the respondents are directed to complete the enquiry within a period four months. Heard the learned counsel for the petitioner and the learned Government Pleader for Services-I. We do not ﬁnd any error in the order of the Tribunal directing the respondents to complete the departmental enquiry already initiated against the petitioner in accordance with the rules. But, however, we modify the order of the Tribunal by reducing the period of six months to four months i.e. by 31-11-2008, the enquiry initiated against the petitioner has to be completed. In default of completion of enquiry within the stipulated period, the order of suspension stands revoked and the petitioner shall be reinstated into service. With the above modiﬁcation, the Writ Petition is disposed of. No order as to costs. _________________________ GHULAM MOHAMMED,J ______________________ G.BHAVANI PRASAD ,J Dt:30-09-2008 usd To 1 The Principal Secretary to Government, Home Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 2 The Director General and Inspector General of Police, Andhra Pradesh, Hyderabad. 3 The Addl. Director General of Police, C.I.D., Hyderabad. 4 Two CCs to GP for Services-I, High Court Buildings, Hyderabad (OUT). 5 Two CD copies