IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 5152 of 2009 Between: Sirra Golden S/o.Babu Rao (now under suspension), Government Social Welfare Boys Hostel, Peravali, West Godavari District. ..... PETITIONER AND 1 The District Collector, West Godavari at Eluru. 2 The Deputy Director of Social Welfare, Eluru, West Godavari District. 3 The Assistant Social Welfare Officer, Tanuku, West Godavari District. .....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 a writ, order or a direction, more particularly one in the nature of Writ of Certiorari calling for the judgment and order of the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad passed in O.A.No.2271 of 2009 dt. 10.2.2009, and set aside the same by further declaring the proceedings Roc.No.A2/1/2009, dated 07.01.2009 of the first respondent, as being illegal, irregular, erroneous, arbitrary and contrary to Rule 8 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 and declare them as null and void and pass. Counsel for the Petitioner:MR.CH.SAMSON BABU Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 5152 of 2009 ORDER: (per Hon’ble Sri. Justice Ghulam Mohammed) This writ petition is filed by the petitioner seeking to set aside the order passed in O.A.No:2271 of 2009 on 10.2.2009 by the A.P. Administrative Tribunal, Hyderabad. The writ petitioner is the applicant before the tribunal. He filed the present O.A seeking to declare the proceedings Roc.No.A2/1/2009, dated 7.1.2009 issued by the 1st respondent as illegal and contrary to Rule 8 of the A.P. Civil Services (Classification, Control and Appeal) Rules, 1991 (hereinafter referred to as Rules) and set aside the same directing the respondents to continue him in service with all consequential benefits. The tribunal having observed that the allegations are very serious in nature and the applicant has been placed under suspension in the public interest and therefore, it is not desirable to interfere in the matter, dismissed the O.A. Having aggrieved by the same, the present writ petition is preferred by the applicant. Heard the learned counsel and perused the entire material available on record and the order impugned. Sri Ch.Samson Babu, the learned counsel appearing on behalf of the applicant contended that since no criminal case is registered and no disciplinary proceedings are pending against the applicant, he ought not to have been suspended and therefore, the tribunal is not justified in dismissing the O.A. On the other hand, learned G.P. for Services I contended that the allegations leveled against the applicant are very serious in nature and apart from that, he was involved in dereliction of his duties and the respondents-authorities invoked the provisions of Rule 8 (1) of the Rules and as such, there is no illegality or irregularity on the part of the authorities in placing the applicant under suspension. Hence, the order of the tribunal needs no interference. A perusal of the proceedings dated 7.1.2009 prima facie goes to show that an adverse news item was published in SAAKSHI Telugu daily news paper on 27.12.2008 and 28.12.2008 to the effect that the applicant was involved in kidnap and rape of 16 years aged girl of B.C. colony, Gopalapuram with the help of one Smt.Varalakshmi of the same village on 18.12.2008 and apart from that, the applicant has not obtained prior permission from the higher authorities while he was proceeding on leave from 25.12.2008. In addition to that, the proceedings make it clear that the applicant was placed suspension in the public interest. At this stage, it is to be noted that it is well settled that the Courts will not interfere in a case of this nature, most particularly in the public interest unless it is found that enquiry is conducted by an officer, who lacks jurisdiction. Now, coming to the case on hand, no such lapses are attributed. A plain reading of Rule 8 (1) of the Rules makes it clear that a Government servant can be placed under suspension from service where disciplinary proceedings against him is contemplated or pending. In view of the allegations as mentioned in the proceedings issued by the 1st respondent, it can be said that the 1st respondent has exercised the powers in consonance with Rule 8 (1) of the Rules. In this view of the matter, We feel that the order of the tribunal does not suffer any illegality or irregularity. Hence, this writ petition is devoid of merits and thereby, the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. However, having regard to the facts and circumstances of the case, We feel it just and proper to direct the authorities to complete the enquiry within a time bound of three (3) months from the date of receipt of a copy of this order. __________________________ Justice Ghulam Mohammed ______________________ Justice Sanjay Kumar Dated: 17th March, 2009 gurc. THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 5152 of 2009 (Order of the Division Bench delivered by the Hon’ble Sri. Justice Ghulam Mohammed) 17th March, 2009