THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.12957 OF 2011 ORDER: This Writ Petition is filed seeking to declare the action of the respondents in not reviewing the orders of suspension of the petitioner even after lapse of six months, as illegal and arbitrary and consequently, to direct respondent No.1 to review the order of suspension of the petitioner in terms of the instructions issued in G.O.Ms.No.86, dated 08.03.1994, and consider the petitioner for reinstatement into service, since he is having only few months of service and going to be retired, on attaining the age of superannuation. 2. The petitioner was working as Principal – cum – Special Officer in Andhra Pradesh Residential School (G) for Minorities. From 08.11.2009 onwards, the Catering Contractor absented from duties. In view of his absence, the petitioner engaged one cook for remuneration of Rs.175/- per day and one helper for remuneration of Rs.125/- per day for stop gap arrangement. The petitioner agreed to pay the amount to the Catering Contractor, which was incurred by him. In the first instance, he paid an amount of Rs.1,400/- and requested the Catering Contractor to wait for the payment of remaining amount of Rs.2,500/-. As the Catering Contractor was absenting from duty for number of times, the students were suffering, the petitioner warned the Catering Contractor not to repeat the same and that he would report the same to the higher authorities. For the same, the Catering Contractor developed grudge against the petitioner and implicated the petitioner in the trap case while he was repaying the amount, which was incurred by him to engage a cook at the time of his absence. It is the case of the petitioner that he was implicated in ACB trap case and was kept under suspension vide proceedings bearing Rc.No.8244/A1-1/08-10, dated 11.01.2010, alleging that he demanded and accepted bribe amount of Rs.1,500/- from Sri D. Lingaiah, Catering Contractor, for showing official favour in issuing Catering Cheque worth Rs.9,950/- for the month of November, 2009. Even though, the petitioner has not taken any bribe, he was falsely implicated in ACB case. Even after lapse of six months of issuing the suspension order against the petitioner, the same was not reviewed by the appropriate reviewing authority. 3. Learned counsel for the petitioner contended that the ACB officials after conducting investigation, filed charge sheet; that the revocation of the order of suspension of the petitioner has not been reviewed even after August, 2010 and that the representation of the petitioner to consider his case for reinstatement into service has not been taken up by the respondents in accordance with the Rules and Regulations. 4. Heard the learned counsel for the respondents. 5. Ordinarily, this Court would not interfere with the suspension orders pending the enquiry or contemplation of enquiry, unless there are malafidies attributed to the officer, who passed the suspension order. It is not a case of malafidies attributed to the respondents, who placed the petitioner under suspension. However, in accordance with the Rules governing the service condition of the petitioner, suspension order has to be reviewed by the disciplinary authority periodically. That review has not been taken place. For that purpose, the petitioner has submitted representation to review the suspension order. But, no action has been taken thereon. Therefore, the competent authority is directed to review the order of suspension of the petitioner in accordance with the Rules and Regulations and Government Orders applicable to the case of petitioner, within a period of four weeks from the date of receipt of a copy of this order. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _______________ K.C. BHANU, J April 29, 2011 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.12957 OF 2011 Between: A. Narsaiah .....PETITIONER AND Government of Andhra Pradesh and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.12957 OF 2011 April 29, 2011