THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.28573 OF 2007 DATED: 17.01.2008 Between: R.M.D.Y. Saleem Basha .. Petitioner And The Secretary, Andhra Pradesh Residential Educational Institutions (R), Hyderabad and another. .. Respondents THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.28573 OF 2007 ORDER: This writ petition is filed challenging the proceedings, dated 13.12.2007, passed by the 1st respondent- Secretary, Andhra Pradesh Residential Educational Institutions Society (R), Hyderabad, whereunder the petitioner was suspended from service on certain allegations. A perusal of the impugned proceedings, dated 13.12.2007, shows that the petitioner was suspended from service on the allegation that he misbehaved with one Smt P. Radhika, Record Assistant, at the workplace. Learned counsel for the petitioner submits that under Rule 12 of A.P. Residential Educational Institutions Society Service (Discipline and Appeal) Rules, the 1st respondent has no authority to suspend the petitioner from service. However, the learned counsel conceded that 1st respondent is superior to the Principal, who has the authority to suspend the petitioner. He further submitted that the said P.Radhika gave written complaint about the misconduct of the petitioner after 19 days of the alleged incident i.e. on 01.11.2007 and the impugned proceedings were issued about 43 days after such complaint i.e. on 13.12.2007, and therefore there was no necessity of suspending the petitioner at all. In my opinion, since the 1st respondent is the superior authority, he can very well exercise the powers to issue the impugned proceedings. Insofar as the contention of the learned counsel for the petitioner in respect of delay in complaining about the incident and issuance of the impugned proceedings, I am of the opinion that since this is a case of misbehaviour of an employee with his colleague at the workplace, no importance can be attached to the delay and no lenience can be shown. Thus, I do not see any reason to interfere with the impugned proceedings under Article 226 of the Constitution of India. The writ petition is devoid of merits and is liable to be dismissed. Accordingly, the writ petition is dismissed. No costs. However, the respondents are directed to complete the enquiry contemplated against the petitioner within a period of three months from the date of receipt of a copy of this order. _________________ JUSTICE C.V. RAMULU 17th January, 2008. IBL