N. Krishnamurthy, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE R.KANTHA RAO W.P.No.15649 OF 2015

ORDER

Heard learned counsel on either side.

This writ petition is filed seeking to declare the final order dated 11.08.2014 passed by the 4th respondent as arbitrary and illegal. The petitioner is a Field Assistant of Dodderi Gram Panchayat, Anantapur District. While so, the 4th respondent issued proceedings dated 20.01.2012 and dropped the disciplinary action against the petitioner on the premise that he did not commit any irregularity during the course of social audit and open enquiry held on 15.11.2010.

But, suddenly and surprisingly, the 4th respondent passed the final order dated 11.8.2014, terminating the services of the petitioner and ordered for recovery of the amount. Feeling aggrieved, the petitioner preferred an appeal, which is now pending before the 3rd respondent-District Collector.

Learned counsel appearing for the petitioner submits that since the 4th respondent dropped action against the petitioner in respect of the very same charges, he ought not to have passed the final order terminating the services of the petitioner besides ordering for recovery of the amount.

In any event, since the appeal is pending before the 3rd respondent, the 3rd respondent is directed to dispose of the appeal within a period of one month from the date of receipt of a copy of this order.

Writ petition is accordingly disposed of. There shall be no order

as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_________________________ JUSTICE R.KANTHA RAO 5th June, 2015 rkk Note: Issue CC by three days.