In a big relief to senior IPS officer and former Andhra Pradesh intelligence chief A B Venkateshwara Rao, the Supreme Court on Friday suspended his suspension and directed that the state government take him back into service immediately.
A division bench of the Supreme Court, comprising Justice A M Khanwilkar, Justice Abhay S Oka and Justice C T Ravi Kumar, dismissed a special leave petition filed by the state government seeking further extension of the suspension of Venkateshwar Rao.
The bench refused to interfere in the judgement of the state high court, which also questioned the suspension of Venkateshwar Rao.
The apex court also felt that the continuation of suspension for more than two years was against the principles of natural justice.
Stating that Rao cannot be kept under suspension beyond the stipulated period of two years, the Supreme Court bench ordered that he should be taken back into service immediately.
The state government had filed the SLP challenging the high court judgement on May 22, 2020, lifting the suspension imposed on Venkateshwar Rao. This was challenged by the state government in the Supreme Court.
The Supreme Court, however, was not satisfied with the reasons mentioned by the state government seeking further extension on the suspension of Venkateshwar Rao.
The Supreme Court also directed that Venkateshwara Rao is eligible for salary and allowances with effect from February 7, 2022, the date on which his suspension period has ended.
It may be mentioned that ABV had written to chief secretary Sameer Sharma a few weeks ago that he be reinstated in service, as his suspension period had come to an end by February 8.
He 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. 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, unless the Union government recommends the same.
As there is no such recommendation from the central review committee, the suspension shall automatically stand revoked on February 8, 2022, Venkateshwar Rao argued.
