The Supreme Court on Friday said the maximum period up of two years, up to which the State was empowered to keep an officer under suspension under Rule 3 (1) of the All India Services (Discipline and Appeals) Rules, 1969 (“Rules”), had elapsed by February 7, 2022, and that the suspended IPS officer, A.B. Venkateswara Rao, was “deemed to be reinstated.”
The Andhra Pradesh government, however, told the court that criminal proceedings had been initiated against Mr. Rao on March 18, 2021. The government also informed the court that it was contemplating exercising its power under Rule 3 (3) of the Rules to place the respondent under suspension.
The State government referred to the judgment dated January 6, 2012, passed by Justices Khanwilkar and R.Y. Ganoo of the Bombay High Court in the case of State of Maharashtra vs. A.K. Jain (W.P. No. 7071 of 2010), where the court was pleased to hold that any suspension in terms of Rule 3 (3) of the Service Rules would continue to be applicable till the conclusion of criminal proceedings, unless the State government decided to revoke it earlier.
‘Suspension illegal’
Speaking to newsmen later, Mr. Venkateswara Rao said the suspension was illegal and that the government had mentally tortured him and his family members.
He alleged that a case had been filed against him on the basis of forged documents and was suspended for over two years. He said he would fight till the accused officers were brought to book.
