HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE G. CHANDRAIAH WRIT PETITION NO. 20552 OF 2008 Between: D. Ranga Swamy, S/o Rja Ram and two others ..... PETITIONERS 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 petitioners under suspension vide proceedings dated 29.9.2006 and continuing them as such without revoking the order of suspension and without reinstating them into service as arbitrary and illegal and consequently direct the respondents to revoke the order of suspension and reinstate the petitioners into service. Brief facts of the case are that the first petitioner was working as Superintendent in the Chief Judicial Magistrate Court, Karimnagr, second petitioner was working as Superintendent in the Court of Junior Civil Judge, working on deputation in the Court of Senior Civil Judge, Karimnagar and the third petitioner was working as Senior Assistant in the Court of Senior Civil Judge, Karimnagar working on deputation with Central Record Section in District Court, Karimnagar during the year 2006. While so, they are 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 12.9.2006 and they were remanded to judicial custody. Thereafter, petitioners were placed under suspension by the Principal District and Sessions Judge, Karimnagar, second respondent herein, vide proceedings dated 29.9.2006. It is stated that the petitioners have made a representation for revocation of suspension order on 22.11.2006 to the second respondent but the same was rejected vide letter dated 11.1.2007. Thereafter, petitioners filed a representation before this Court on 19.2.2007, 23.2.2007 and 21.2.2007 respectively which were treated as an appeal and the same were dismissed by an order dated 12.7.2007. Thereafter, petitioners submitted another representation on 24.8.2007 requesting to revoke the suspension and reinstatement of the petitioners into service. It is also stated that subsequent to their suspension, departmental enquiry was conducted against the petitioners 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 petitioners 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 petitioners were kept under suspension with effect from 13.9.2006 and as per the G.O.Ms. No. 526 dated 19.8.2008 their suspension period continued beyond two years, therefore, they are 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 petitioners submits that the Government employee who kept under suspension exceeding two years period shall be reinstated pending finalization of disciplinary and criminal cases. As the first petitioner and the third petitioner have already retired from service on attaining the age of superannuation, he has drawn our attention to Rule 6 (d)(ii) of the Revised Pay Scales, 2010, which reads as under: “(ii) A Government employee who is under suspension on 1.7.2008 is entitled to get his pay fixed in the Revised Pay Scales, 2010 from the date of entry into the Revised Pay Scales, 2010 based on the pay on the date preceding his suspension. However, he shall continue to draw subsistence allowance based on the existing scale of pay. In case of reinstatement after 1.7.2008, the monetary benefit of Revised Pay Scales 2010, accrues with effect from 1.2.2010 or date of reinstatement whichever is later. His pay in Revised Pay Scales, 2020 for the period of suspension shall be subject to final outcome of the decision on the period of suspension.” Heard the learned counsel appearing for both sides and also perused the entire material made available on record. As seen from the record, it is no doubt true that the petitioners were kept under suspension by the Principal and District Sessions Judge, Karimnagar, second respondent herein vide proceedings dated 29.9.2006 on the ground that the petitioners involved in the matter relating to payments made in Land Acquisition Cases on fake judgments. It is also no doubt true that the enquiry proceedings were completed and the suspension period of the petitioners 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.” Rule 6 (d) (ii) of the Revised Pay Scales, 2010 clearly demonstrates that if the petitioners reinstated then only the subsistence allowance can be re-fixed on the revised pay scales of 2010. However, they shall continue to draw subsistence allowance based on the existing scale of pay and in case of reinstatement after 1.7.2008, the monetary benefit of Revised Pay Scales 2010, accrues to them with effect from 1.2.2010 or date of reinstatement whichever is later. In view of the policy decision taken by the Government in G.O.Ms.No. 526 dated 14.12.2009 and also 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.