HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION No.20729 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled seeking to quash the order dated 12-08-2008 passed in O.A.No.4630 of 2008 on the ﬁle of Andhra Pradesh Administrative Triunal, Hyderabad, with a direction to the respondents to reinstate the petitioner into service forthwith with all consequential benefits. 2. The details relevant for deciding the writ petition are that the petitioner ﬁled the above O.A. seeking to direct the respondents to reinstate him into service forthwith. The case of the petitioner is that he was placed under suspension, while he was working as Chainman in the Oﬃce of the Assistant Director, Survey and Land Record, Nizamabad, vide proceedings dated 27-02-2007. It is the further case of the petitioner that the suspension is neither pending regular departmental enquiry nor any charge-sheet has been ﬁled in the criminal case. The allegation against the petitioner is that he showed the Government land for allotment. The main grievance of the petitioner is that he was kept under suspension for more than 16 months without there being any departmental enquiry or charge-sheet in the criminal case, therefore he seeks reinstatement into service. The case of respondents is that the petitioner had been arrested in Crime No.51 of 2007 of Town No.I Police Station, Nizamabad, for the oﬀences under Sections 420, 468 and 471 of Indian Penal Code, and sent to judicial remand and as such, he was suspended under Rule 8(1)(c) of A.P.C.S. (CC&A) Rules, 1991. Further, the matter is under investigation and the suspension is being reviewed and extended from time to time as per Rules. The Tribunal, after considering the rival contentions, dismissed the O.A. with the observation that the petitioner shall be inducted into service if the conditions issued in G.O.Ms.No.86 are complied with by him. 3. Heard learned counsel for the petitioner and heard learned Government Pleader for respondents and perused the record. 4. Learned counsel for the petitioner mainly contended that the petitioner was kept under suspension for more than 16 months, without any departmental enquiry nor any charge- sheet is ﬁled in the criminal case, as such he is entitled to reinstatement into service. On the other hand, learned Government Pleader has drawn our attention to the order passed in June, 2008 by the Regional Deputy Director, Survey and Land Record and contended that the suspension has been extended in accordance with instructions contained in G.O.Ms.No.86, dated 08-3-2004, wherein it is ordained that the suspension has to be reviewed after every six months and the suspension is in connection with the involvement of petitioner in a criminal case during the course of employment. 5. We have considered the rival submissions of both the counsel and perused the G.O. Admittedly, the petitioner had been kept under suspension and such suspension is neither pending departmental enquiry nor any charge sheet is ﬁled in the criminal case. Though the crime has been registered and investigation was taken up, no charge sheet has been ﬁled so far and the petitioner continued to be under suspension for more than 17 months. It appears that the petitioner is placed under suspension indeﬁnitely without any departmental enquiry and since no disciplinary proceedings are pending and no charge sheet is ﬁled in the criminal case, we are of the considered view that the prolonged suspension will cause irreparable injury to the petitioner and cause monetary loss, especially when there is no initiation of departmental enquiry. In fact, the suspension of an employee has to be extended from time to time by recording reasons, but the order passed by the authority in June, 2008 extending suspension does not assign any reason whatsoever and it was passed without application of mind. It is not disputed that till today, no charge sheet has been ﬁled in the criminal case and there is not much progress in the investigation. In the circumstances, the suspension order has to be revoked. 6. In the result, we allow the writ petition directing the respondents to re-induct the petitioner into service. However, this order will not preclude the authorities from initiating disciplinary action in accordance with A.P.C.S. (CC&A) Rules. No order as to costs. ___________________________ GHULAM MOHAMMED, J. _________________________ G.BHAVANI PRASAD, J. 16-10-2008 bsc IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 20729 of 2008 Between: K.Bhasker S/o Dharmaiah the Assistant Director Survey and Land Records Nizamabad,Nizamabad Dist ..... PETITIONER AND 1 The Assistant Director Survey & Land Records Nizamabad 2 The Regional Deputy Director Survey & Land Records A.P Hyderabad 3 The Director Survey & Land Records A.P Hyderabad .....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 direction more in the nature of writ of Certorari calling for the records relating to order of the Hon'ble A.P Administrative Tribunal dt 12-08-2008 in O.A No.4630/2008 and quash the same by holding it as illegal,bad and aribtrary and further direct the respondents to reinstate the petitioner into service forthwith with all consequential benefits and to pass Counsel for the Petitioner:MR.J.R.MANOHAR RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following :