Senior IPS officer and former intelligence chief of the Andhra Pradesh government during the Chandrababu Naidu regime A B Venkateshwara Rao wants that he be reinstated in service, as his suspension period has come to an end by February 8.
In a letter to chief secretary Sameer Sharma on Thursday, ABV pointed out that he was suspended from service on February 8, 2020, under Rule 3(1) of the All India Services (Discipline and Appeal) Rules, 1969. The suspension was approved by the Union home ministry later.
He pointed out that the suspension was extended every 180 days. However, as per the services rules for All India Service officers, the state government does not have an inherent power to continue his suspension beyond two years.
Quoting rules, ABV said the period of suspension of a member of the AIS on charges of corruption shall not exceed two years and the inquiry shall be completed and appropriate order shall be issued within two years from the date of suspension failing which the suspension order shall automatically stand revoked:
However, the suspension can be continued beyond two years only on the recommendations of the Union home ministry’s Review Committee.
As there is no such recommendation from the central review committee, the suspension shall automatically stand revoked on February 8, 2022, he said.
ABV pointed out that though the Union home ministry asked the state government to file a charge sheet against him latest by April 7, 2020, the state government had not done it. Instead, it extended the suspension till August 5, 2020.
When the state high court set aside his suspension on May 22, 2020, the state government moved the Supreme Court and obtained a stay on the high court judgement.
The suspension was extended subsequently after the government booked him under Anti-Corruption Act.
He alleged that though the state government extended his suspension for another six months on July 31, he was not intimated about the same as the GO was not kept in the public domain and was not accessible to him.
“In any case, the suspension cannot be extended beyond two years; and so, the suspension period came to an end on February 8,” he said.
The IPS officer also requested that he be taken into service immediately and paid full salary since the month of February 2022.
