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2020 DIGILAW 719 (TS)

C. Parasuram v. State of Telangana

2020-10-01

ABHINAND KUMAR SHAVILI

body2020
ORDER : 1. This writ petition is filed seeking the following relief : “….to issue a Writ, Order or direction more in the nature of Mandamus declaring action of the respondents in rejecting the case of the petitioner for regularisation of suspension period w.e.f. 08.08.2013 to 08.09.2015 as on duty in spite of without any punishment and rejection orders issued by the 1st respondent through Memo No. 867(P)/Ser.II/A1/2017 dated 29.05.2018 and Memo No. 328(P)/Ser.II/A1/2019 dated 07.09.2019 is illegal, arbitrary, unjustified, violative of Articles 14, 16 and 21 of Constitution of India and contrary to the orders of this Hon’ble Court and consequently direct the respondents to regularise the suspension period w.e.f. 08.08.2013 to 08.09.2015 as on duty and effect promotion to the post of Inspector of Police with all consequential benefits including seniority, pay and allowances…….”. 2. Heard Sri K. Sarath, learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 3. It has been contended by the petitioner that he is working as a Sub-Inspector of Police and while he was discharging his duties, the respondents have placed him under suspension on 08.08.2013. Thereafter, he was reinstated into service with effect from 09.09.2015. 4. Learned counsel appearing for the petitioner contended that the disciplinary authority has imposed a minor penalty of stoppage of one increment without cumulative effect vide order dated 21.10.2016. Aggrieved by the same, the petitioner has preferred an appeal before the appellate authority and the appellate authority was pleased to dismiss the said appeal vide order dated 20.10.2017. Aggrieved by the same, the petitioner has preferred a revision before the State Government and the State Government was pleased to allow the said revision vide order dated 07.02.2018 by setting aside the said punishment. Thereafter, the petitioner has submitted a representation to the respondents requesting to treat the suspension period from 08.08.2013 to 08.09.2015 as spent on duty and the same was rejected vide order dated 29.05.2018. Again, the petitioner has submitted another representation to the respondents requesting to treat the suspension period as spent on duty and the same was rejected on 07.09.2019. Challenging the same, the present writ petition is filed. 5. Again, the petitioner has submitted another representation to the respondents requesting to treat the suspension period as spent on duty and the same was rejected on 07.09.2019. Challenging the same, the present writ petition is filed. 5. He further contended that the issue raised in this writ petition is squarely covered by the judgment rendered by this Court in W.P.No.5220 of 2017 dated 05.07.2019 and the same order may be passed in the present writ petition also directing the respondents to treat the suspension period as spent on duty. 6. Learned Special Government Pleader appearing for the respondents has contended that by following the Rules, the respondents have placed the petitioner under suspension. Therefore, there are no merits in the writ petition and the same is liable to be dismissed. 7. This Court, having considered the rival submissions made by the learned counsel for the parties, is of the considered view that this Court has already taken a view in W.P.No.5220 of 2017 dated 05.07.2019 that when once the disciplinary authority has imposed a minor penalty of censure, the respondents ought to have treated the suspension period as spent on duty. Therefore, following the said judgment, this writ petition is disposed of directing the respondents to treat the suspension period from 08.08.2013 to 08.09.2015 as spent on duty by duly taking into account the fact that the punishment orders were set aside in the revision preferred by the petitioner. No order as to costs. 8. Pending miscellaneous petitions, if any, shall stand closed.