HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE G. CHANDRAIAH WRIT PETITION NO. 20525 OF 2008 Between: V. Srinivas Rao S/o V. Manohar Rao ..... PETITIONER AND 1. The Hon’ble High Court of Andhra Pradesh represented by its Registrar Management and one another .....RESPONDENTS ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed declaring the action of the 2nd respondent in keeping the petitioner under suspension vide proceedings dated 13.11.2006 and continuing him as such without revoking the order of suspension and without reinstating him into service as arbitrary and illegal and consequently direct the respondents to revoke the order of suspension and reinstate the petitioner into service. Brief facts of the case are that while the petitioner was working as Junior Assistant in the Court of Senior Civil Judge, Karimnagar, working on deputation with Central Record Section in District Court , Karimnagar during the year 2006, he was implicated in a Criminal Case registered by the Police in Crime No. 3 of 2006 on the file of the Inspector of Police CID GOW, Hyderabad for the alleged offences under Section 466, 468, 471, 420 r/w Section 120 of IPC and the said case was registered on 09.6.2006 and thereafter the petitioner was arrested on 1.11.2006 and was remanded to judicial custody. Thereafter, the petitioner was placed under suspension by the Principal District and Sessions Judge, Karimnagar, second respondent herein, vide proceedings dated 13.11.2006 and since then he has been under suspension with effect from 1.11.2006. It is stated that the petitioner filed a representation before this Court on 23.2.2007 which was treated as an appeal and the same was dismissed by an order dated 12.7.2007. Thereafter, petitioner submitted another representation on 24.8.2007 requesting to revoke the suspension and reinstatement of the petitioner into service. It is also stated that subsequent to his suspension, departmental enquiry was conducted against the petitioner in the year 2006 and investigation has already been completed and a charge sheet has also been filed in CC No. 59 of 2007 on the file of IV Additional SPE & ACB Cases, City Civil Courts, Hyderabad and there is no possibility of the petitioner in any way interfering or tampering with the evidence. 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 13.11.2006 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. Hence, the present Writ Petition has been filed seeking reinstatement in terms of G.O.Ms.No. 526 dated 19.8.2008. 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 as per G.O.Ms.No. 526 dated 19.8.2008. Heard the learned counsel appearing for both sides and also perused the entire material made available on record. As seen from the record, that the petitioner was kept under suspension by the Principal and District Sessions Judge, Karimnagar, second respondent herein vide proceedings dated 13.11.2006 on the ground that the petitioner involved in the matter relating to payments made in Land Acquisition Cases on fake judgments. It is 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 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.” In view of the above, 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.