Mahankali Srinviasa Rao, v. The State Of Andhra Pradesh,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WP No.25642 of 2015 Between:

Mahankali Srinivasa Rao

...Petitioner

And:

The State of Andhra Pradesh, rep. by its Principal Secretary, Panchayat Raj & Rural Development, Hyderabad & others ... Respondents DATE OF JUDGMENT PRONOUNCED: 14.08.2015 SUBMITTED FOR APPROVAL:- THE HON'BLE SRI JUSTICE R. KANTHA RAO

1. Whether Reporters of Local newspapers may Yes/No be allowed to see the Judgments?

2. Whether the Copies of Judgment may Yes/No be marked to Law Reporters/Journals

3. Whether Their Lordship wish to see the Yes/No fair copy of the Judgment?

HON'BLE SRI JUSTICE R. KANTHA RAO Writ Petition No.25642 of 2015 ORDER:

Heard Sri P.V.V. Satyanarayana, learned counsel appearing for the petitioner, learned Government Pleader for Panchayat Raj, Sri MSR Chandra Murthy, learned special counsel for the 2nd respondent and Sri Cheemalapati Ravi, learned standing counsel for the 3rd

respondent.

2. According to the petitioner, he was appointed as Field Assistant at Edavalli Gram Panchayat, Chilakaluripet Mandal, Guntur District, under MGNREG Scheme in the year 2007. On the ground of certain allegations that were made and lapses that were pointed out in the social audit, a charge memo was issued to the petitioner and he was kept under suspension by impugned order dated 02.06.2015, pending enquiry.

3. Learned counsel appearing for the petitioner submits that in the social audit report, there is no allegation of misappropriation or acts of negligence pointed out on the part of the petitioner and therefore, the suspension order is illegal and he seeks to set aside the impugned order. On the other hand, learned special counsel for the 2nd respondent would contend that the enquiry against the petitioner is in progress and therefore, the order of suspension passed against the petitioner is not liable to be revoked, since it was only pending enquiry.

4. Under these circumstances, without going into the merits of the case, the 2nd respondent is directed to conduct enquiry against the petitioner and pass final orders in accordance with Rules, within a period of four (4) weeks from the date of receipt of a copy of this order, failing which the order of suspension shall stand revoked.

5. The writ petition is accordingly disposed of. Pending miscellaneous petitions, if any, in this writ petition, shall stand closed. No order as to costs.

__________________ R. KANTHA RAO, J Date: 14.08.2015 BSS

HON'BLE SRI JUSTICE R. KANTHA RAO Writ Petition No.25642 of 2015

Date: 14.08.2015 BSS