IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.9657 of 2009 Between: Kotra Sathyam S/o. K. Narayana O/o. Judicial First Class Magistrate Court Shadnagar, Mahabubnagar District R/o. Christian Colony, Shadnagar, Nagarkunrool Mahabubnagar District. ..... PETITIONER AND The District and Sessions Judge, Mahabubnagar, Mahaboobnagar District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order or direction more in the nature of writ of Mandamus to declare the action of the respondent in not reinstating the petitioner into the duty even though he is acquitted in the criminal case in SC No. 6 of 2008 dt. 6-12-2008 by the Court of the Special Sessions Judge For Trial of Cases under S.Cs and S.Ts (P.O.A.) Act Cum VII Addl. District and Sessions Judge, Mahabubnagar, as illegal, arbitrary discrimination unjust and consequently direct the respondent to re-induct the petitioner into the duty forthwith with all service and monetary benefits i.e, regularization of suspension period arrears of salary increments, seniority etc. Counsel for the Petitioner:MR.POODATTU AMARENDER Counsel for the Respondent No.: G.VIDYASAGAR (SC FOR APHC) The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.9657 of 2009 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) It is the case of the petitioner that he was initially appointed as a Process Server on 31-08-1991 and thereafter, he was promoted to the post of Copyist on 26-02-2003. While so, he was placed under suspension by order dated 28-05-2007, as he was involved in a criminal case in Cr.No.162 of 2007 dated 27-04-2007 on the file of the Station House Officer, Shadnagar Police Station, for offences punishable under Sections 366-A, 376, 417 and 109 of I.P.C. and Section 3(i) (XI) (2) (V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and he was remanded to judicial custody and detained in the District Jail, Mahabubnagar from 22- 05-2007. A charge-sheet was filed against the petitioner and he was tried in S.C.No.6 of 2006 on the file of the Special Sessions Judge for Trial of Cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act-cum-VII Additional District and Sessions Judge, Mahabubnagar and the learned Sessions Judge, by judgment dated 06-12-2008, acquitted the petitioner as he was not found guilty of the said offences. It is stated that the petitioner is still being continued under suspension. Therefore, pursuant to the aforesaid judgment, he made a representation to the respondent on 19- 12-2008 seeking reinstatement in service. But, the said representation has not been considered and disposed of so far. Having regard to the facts and circumstances of the case, without expressing any opinion on the merits of the case, the writ petition is disposed of directing the respondent to consider and dispose of the representation of the petitioner dated 19-12-2008 in accordance with law after giving reasonable opportunity to the petitioner as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ________________ V.ESWARAIAH, J __________________ SANJAY KUMAR, J Date : 01-05-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{VSMI}