HONOURABLE SRI JUSTICE V. ESWARAIAH AND HONOURABLE SRI JUSTICVE VILAS V. AFZULPURKAR WRIT PETITION No. 19926 OF 2009 ORDER: ( per VE.J.) This Writ Petition is filed questioning the order dated 10-07- 2009 passed by the Andhra Pradesh Administrative Tribunal in O.A.No. 7018 of 2009, which was filed by the petitioner questioning the order dated 30-12-2008 in Cr.No. A2/1000/2008/P&ESH, whereby and where under, the Prohibition & Excise Superintendent, Hyderabad (FAC) placed the petitioner under suspension in exercise of powers conferred under Rule 8(1)(c) read with Rule 30 of of the A.P.C.S. (CC&A) Rules, 1991 from the date of his arrest i.e. 21-12-2008 in public interest until conclusion of the Disciplinary proceedings. The said order was modified subsequently by order dated 12-2-2009, which reads as under: “Now therefore, in exercise of the powers conferred by Clause (a) Sub-rule (2) of Rule 8 read with Rule 30 of APCS (CC&A) Rules 1991, the undersigned (competent authority) hereby places Sri Shaik Riyaz Baba, APSP, PC.No.1708 under suspension with effect from the date of his detention i.e. w.e.f. 21-12-2008 in public interest until the conclusion of the Disciplinary Proceedings” The basis for placing the petitioner under suspension was that One Sri Vallabhoju Venkata Chary, Prohibition & Excise Sub Inspector, Kachiguda Station, Hyderabad demanded an amount of Rs.15,000/- from the complainant-Kethavath Ramjya Naik for releasing his Auto bearing registration No. AP13W 9107 without registering a case on the ground that the said auto was seized on 18-12-2008 while it was transporting Toddy sachets illegally. However, the bribe amount was reduced to Rs.6000/-. Pursuant to the same, the petitioner had taken Rs.3000/- in part payment and caught red-handed while he accepting the remaining bribe amount of Rs.3000/- from the complainant at Missal Hotel, Ali Café Chowrasta, Amberpet, Hyderabad on behalf of the said Venkata Chari. On 21-12-2008, the petitioner was arrested, produced before the Principal Special Judge for SPE and ACB cases, Hyderabad, who remanded him to judicial custody up to 2-1-2008. On receiving the said information from the Deputy Superintendent of Police, ACB, City Range, Hyderabad, the Commissioner of Prohibition and Excise, A.P., Hyderabad, ordered for suspension of the petitioner and accordingly, the first respondent initiated departmental proceedings and pending the same, placed the petitioner under suspension from the date of his arrest i.e. 21-12-2008 in exercise of powers conferred by Rule 8(1)(c) of the AP Civil Services (CC&A) Rules, 1991. As per Rule 8 (1)(c) of the APCS (CC&A) Rules, 1991, a member of the service is liable to be suspended from service where a case against him in respect of any criminal offence is under investigation, inquiry or trial, or, a disciplinary proceeding against him is contemplated or is pending. However, in view of the partial modification of the Sub Rule of Rule 8 of the APCS (CC&A) Rules, 1991, the order dated 30-12-2008 was modified and order dated 12-2-2008 was passed suspending the petitioner from service under Clause (a) Sub-Rule (2) of Rule 8 read with Rule 30 of the APCS (CC&A)Rules, 1991. Admittedly, the petitioner was arrested on 21-12-2008 and was in judicial custody for more than 10 days. Therefore, by virtue of Rule 8(2)(a) of the APCS (CC&A) Rules, the petitioner is deemed to be under suspension. Obviously, the suspension of the petitioner is only pending enquiry. Therefore, it cannot be said that suspension of the petitioner pending enquiry is illegal and arbitrary. The action of the respondents in placing the petitioner under suspension cannot be said to be illegal or arbitrary. We do not see any illegality or infirmity in the order dated 10-7-2009 passed in O.A.No. 7018 of 2009 by the Andhra Pradesh Administrative Tribunal. The Writ Petition is devoid of merits and the same is accordingly dismissed at the admission stage. ---------------------------- JUSTICE V. ESWARAIAH. ------------------------------------- JUSTICE VILAS V. AFZULPURKAR DATED 17TH SEPTEMBER, 2009. Msnr.