THE HON'BLE SRI JUSTICE V.ESWARAIAH AND THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.15770 OF 2009 ORDER: (Per Sri Justice Vilas V. Afzulpurkar, J.) Petitioner questions the order of the Andhra Pradesh Administrative Tribunal dismissing O.A.No.3628 of 2009 by the impugned order dated 2.7.2009. The said O.A. was filed by the petitioner questioning the action of the 1st respondent in placing the petitioner under suspension on the ground that the said suspension is without application of mind, illegal, void and consequently set aside the said order of suspension dated 12.9.2008. We have heard the learned counsel appearing for the petitioner and the learned Government Pleader. The facts of the case as narrated in the order of the Tribunal shows that the petitioner was working as Prohibition and Excise Constable and he was kept under suspension by the Prohibition and Excise Superintendent, Hyderabad, vide proceedings dated 12.9.2008 on the ground that P.S.Aleir of Nalgonda District registered a criminal case on 22.8.2008 against the petitioner. It is also not in dispute that as per remand report the petitioner was arrested on 4.10.2008 and was enlarged on bail on 3.1.2009. It is also not in dispute that the petitioner is charged with serious offence under Sections 302 and 201 I.P.C. The contention of the learned counsel appearing for the petitioner is that registering a criminal case cannot automatically lead to an order of suspension against a public servant and he relies upon an unreported decision of the Tribunal in O.A.No.3044 of 2007, dated 9.10.2007. He also placed reliance upon a decision of the Division Bench of this Court in P.Rajender v. Union of India[1]. The learned counsel contends that the aforesaid decisions were cited before the Tribunal, but the same have not been considered. We have examined the facts of the present case as well as the decisions relied upon by the learned counsel for the petitioner. So far as the first decision relied upon by the learned counsel for the petitioner is concerned, it is not clear from the order of the Tribunal in O.A.No.3044 of 2007 as to the nature of the charge for which the applicant therein was charged. It is no doubt true that it is found that the applicant therein was in custody for more than 48 hours and he was enlarged on bail. However, the applicant therein remained in jail due to intervention of two public holidays from the date of his arrest till the date of his enlargement on bail on the very next working day. The aforesaid distinction was noticed by the Tribunal at the end of para 5 of the said order. So far as the decision of the Division Bench of this Court in P.Rajender v. Union of India (supra) is concerned, the petitioner therein was arrested for the offences punishable under Sections 494 and 498-A I.P.C and a charge sheet in respect thereof was filed. In the aforesaid decision it was observed at para 32 that in exercise of jurisdiction under Article 226 of the Constitution of India, this Court may not ordinarily interfere in such matters. So far as the present case is concerned, a serious offence under Section 302 I.P.C. is registered against the petitioner and for that reason he was suspended. Further, under Rule 8(1)(c) of the A.P.Civil Services (CC&A) Rules 1991 a member of a service may be placed under suspension from service when there is a case against him in respect of any criminal offence, which is under investigation, inquiry or trial. The ingredients of sub-rule (1) of Rule 8 are satisfied. Similarly, with regard to sub- rule (2)(a) of Rule 8, the petitioner has remained in custody for more than 48 hours. Even the ingredients of sub-rule 2(a) of Rule 8 are also satisfied in the instant case. Therefore, the order of suspension cannot be said to be illegal or unjustified as contended by the learned counsel for the petitioner. We, therefore, see no merits in the writ petition. The writ petition is accordingly dismissed. ________________ V.ESWARAIAH, J. _________________________ VILAS V. AFZULPURKAR, J. 4.8.2009 kpr [1] 2001 (5) ALD 290