IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 11314 of 2008 Between: Korangi Venkateswara Rao, S/o. Late Appa Rao, The Eastern Power Distribution Company of A.P. Ltd. Eluru R/o. Door No. 23A-3-12/1, Upstairs, Opp : Central Bank, Panugantivari Street, RR Peta, Eluru, West Godavari District. ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep by its Principal Secretary, Energy Dept., Secretariat, Hyderabad. 2 The Eastern Power Distribution Company of A.P. Ltd. Rep by its Superintending Engineer, Operation Circle Eluru, West Godavari District. 3 The Eastern Power Distribution Company of A.P. Ltd. Corporate Office at P & T Colony, Seethammadara, Visakhapatna Rep by its Managing Director, Eluru, West Godavari District. 4 A.P. Transco Vidyut Soudha, Hyderabad Rep by its Chief Managing Director .....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 appropriate writ or directions or orders particularly in the nature of Writ of Mandamus declaring the impugned order passed by the respondent No. 2 by memo No. SE/O/ELR/DE.T/ADM/PO/JAO/C2-D No. 1480/2008 dated 6-5-2008 as illegal and void ab intio and consequently set aside the above proceedings and to pass Counsel for the Petitioner:MR.C.PANDURANGA RAO Counsel for the Respondent No.: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 11314 of 2008 ORDER: The petitioner is employed as an Additional Assistant Engineer in the Eastern Power Distribution Company Limited. A case was instituted by the Anti Corruption Bureau of the State of Andhra Pradesh against the petitioner, on the ground that the assets held by him are disproportionate to his known sources of income. The petitioner was arrested in Crime No.6/RCA-ACB-EWG-2008 on the ﬁle of the Special Judge for SPE & ACB Cases, Vijayawada and was released later on. In view of this development, the petitioner was placed under suspension, through order, dated 06.05.2008. The petitioner challenges the same. While admitting the writ petition on 17.06.2008, this Court passed an interim order in W.P.M.P.No.14677 of 2008. In pursuance of the said order, the respondents have reinstated the petitioner into service, through order, dated 09.08.2008. They have independently ﬁled counter aﬃdavits, with a prayer to vacate the interim order. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. This is not a case, where the petitioner was caught red handed in a trap laid by the A.C.B. The case registered against him is on the allegation that the petitioner held assets disproportionate to his known sources of income. In the interim order passed on 17.06.2008, this Court expressed the view that in the matters of this nature, prolonged suspension of an employee would not be in the interests of the organization itself, inasmuch as it would be required to pay the emoluments, without availing the services. The continuance of the petitioner in service, under these circumstances, would not cause any prejudice to the respondents. Much would depend upon the outcome of the criminal case pending against the petitioner. Hence, the writ petition is disposed of, directing that the reinstatement of the petitioner into service would be subject to the outcome of the criminal case pending against him. There shall be no order as to costs. _________ 27.08.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 11314 of 2008 Date: 27.08.2008 JSU