Smt.Chirala Hema Kumari v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO W.P.No.32472 OF 2017

ORDER

This writ petition is filed challenging the action of the 2nd respondent in not restoring the petitioner's cheque power though the proceedings of the 2nd respondent dated 27.3.2017 lapsed on 26.06.2017.

Since the facts are clear and do not warrant any counteraffidavit, learned Government Pleader was put on notice for getting instructions. In spite of granting sufficient time, he did not get instructions.

The petitioner was elected as Sarpanch of Rambhotlapalem Village, Cherukupalli Mandal, Guntur District. A show cause notice was issued on 27.03.2017 asking to explain as to why she should not be prohibited from drawing moneys of Rambhotlapalem Gram Panchayat under Rule 41 of the Rules vide G.O.Ms.444 P.R & R.D (PTS III) Department, dated 29.12.2005 and also prohibited from drawing general funds, 13th & 14th Finance Commission and other funds for a period of three months. Challenging the said impugned show cause notice, the petitioner filed W.P.No.16091 of 2017 on 27.4.2017.

The impugned notice is a show cause notice and the petitioner was prevented from drawing funds from the office of the Gram Panchayat for a period of three months. Since the said period has elapsed long back, the 2nd respondent has to pass appropriate orders restoring the cheque drawing powers to the petitioner, unless a final order was passed against her. In view of the same, the Writ Petition is disposed of directing the 2nd respondent to pass appropriate orders in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. No costs. Miscellaneous petitions, if any, pending shall stand closed. ___________________________________ JUSTICE A.RAMALINGESWARA RAO 10th October, 2017 rkk