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Andhra IPS officer moves CAT over suspension order

Seeks release of salary, benefits withheld by government

Senior IPS officer of Andhra Pradesh cadre A.B. Venkateswara Rao moved the Central Administrative Tribunal here on Thursday, challenging the suspension order issued by AP government on February 8.

Observing that his suspension was in violation of Rule 3 of All India Service (Discipline and Appeal)-Rules of 1969, Mr. Rao requested the tribunal to set it aside. He submitted to the tribunal that AP government had withheld his salary and other monetary benefits since May 31, 2019 and appealed to the tribunal to instruct the government to release the same.

While the suspension order violated principles of natural justice, withholding salary and other monetary benefits was not only arbitrary but also deprivation of fundamental rights, the petitioner said. Mr. Rao, who worked as Chief of AP Intelligence wing in the rank of Additional Director General of Police, was promoted as DGP on March 10, 2019 and posted as Anti-Corruption Bureau Director General 10 days later.

On May 30, 2019, he was transferred and directed to report to the General Administration Department. Mr. Rao stated that complying with the order, he reported to GAD the next day. He stated in the petition that the government did not post him anywhere thereafter. Salary was also not paid. The transfer and withholding of salary coincided with the change of guard in the State government, the petitioner said.

He submitted to the tribunal that he had given two written representations to the government on January 6, 2020 and January 28, 2020 asking for posting and release of salary. On February 8, (which was a holiday being a second Saturday), the government issued the order suspending him. Mr. Rao stated that he downloaded the order from the government website.

The order stated that Mr. Rao was involved in the process of procuring security equipment which was a serious misconduct. Noting that procurement of equipment was only an incident of service, the officer said the procurement was done in compliance with the procedures and subject to financial clearance by the department concerned.

He submitted to the tribunal that he was suspended due to political reasons, personal bias and malafide intentions and without finding any prima facie evidence in the allegations made against him.

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