IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 18293 of 2008 Between: K. Satyanarayana S/o. Late Venkatarao D.No.64-11-4/2, A.P.P.Mills Society Colony, R.K.Nagar, Rajahmundry, EG District. ..... PETITIONER AND 1 Nirmala Residential Aided Primary & High School, Alcot gardens, Ashram Street, Rajahmundry, rep. by its Secretary-cum-Correspondent. 2 The District Educational Officer, East Godavari District at Kakinada. 3 K. Venkataratnam, Nirmala Residential Aided High School, Alcot gardens, Ashram Street, Rajahmundry. .....RESPONDENT(S) 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 writ of Mandamus or any other appropriate writ or direction declaring the action of the 1st respondent in issuing the impugned proceedings dt. 29-7-08 by keeping the petitioner under suspension as illegal, arbitrary, malafide null and void and for a consequential order directing the rspondents to drop all further proceedings pursuant to the impugned proceedings dt.29-7-2008 and to pass Counsel for the Petitioner:MR.CH.DHANAMJAYA Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 18293 of 2008 ORDER: The petitioner is working as a School Assistant (Maths) in Nirmala Residential Aided Primary & High School, Rajahmundry, 1st respondent herein. He was placed under suspension, through proceedings, dated 29.07.2008, on certain allegations. The same is challenged in this writ petition. Learned counsel for the petitioner submits that the petitioner was drawn for the duties of preparation of electoral rolls by the Assistant Electoral Registration Officer -cum- Tahsildar, Rajahmundry Urban, vide proceedings, dated 22.07.2008, from 25.07.2008 to 09.08.2008, and the 1st respondent treated the said period as unauthorised absence. He contends that certain other untenable grounds are also mentioned in the order of suspension. The petitioner challenges the order, though which he was placed under suspension, pending enquiry. It may be true that the petitioner was issued a show cause notice, dated 26.07.2008, about his leaving the school premises without information, having signed in the attendance register. Apart from the said allegation, the impugned order refers to certain other acts and omissions on the part of the petitioner. The petitioner is yet to be issued a charge sheet. It is too early for this Court to arrive at a conclusion, be it, as to the nature of charges against the petitioner or the findings thereon. The petitioner would have full opportunity in the domestic enquiry, to contradict the allegations made against him. It cannot be said that there was absolutely no basis for the 1st respondent to place the petitioner under suspension. Further, if the petitioner spreads beyond a particular period, the provisions of the A.P. Education Act step in. For the foregoing reasons, the writ petition disposed of, upholding the order of suspension, but directing the 1st respondent to commence and conclude the disciplinary proceedings, within a period of two (2) months, as provided for under Section 79 of the A.P. Education Act. There shall be no order as to costs. _________ 22.08.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 18293 of 2008 Date: 22.08.2008 JSU