A Division Bench of the Andhra Pradesh High Court comprising Justices Satti Subba Reddy and Venkata Jyothirmai Pratapa reserved its judgment on the application filed by the State for an interim stay on the order of the Hyderabad Bench of the Central Administrative Tribunal (CAT) (dated May 8, 2024) to reinstate suspended IPS officer A.B. Venkateswara Rao into service with all pay and allowances along with other consequential benefits.
The State government had suspended Mr. Venkateswara Rao in February 2020 in accordance with Rule 3(1) of the All India Service (Discipline & Appeal) Rules, 1969 as part of disciplinary proceedings initiated against him over alleged irregularities in the procurement of an aerostat and Unmanned Aerial Vehicles (UAV) for anti-extremist and security operations, when he was the Additional Director General of Police (Intelligence). The State contended that the CAT order should be set aside as it was vitiated by errors of law and certain findings that were perverse and contrary to records.
It was stated in an affidavit filed by Deputy Secretary to Government (Personnel) G. Jayaram that the CAT ought to have considered the fact that Rule 3(3) of the All India Service Rules of 1969 clearly enumerates the circumstances on the basis of which the power of suspension could be exercised by the competent authority in an appropriate case.
Besides, in the present case, it has been clearly mentioned in G.O Ms. No. 55 (dated June 28, 2022) that investigation of the criminal charge against Mr. Venkateswara Rao was pending and there was a likelihood of the respondent influencing the witnesses relating to the trial, which led to the objective satisfaction of the government to place him under suspension.
