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High Court for State of TelanganaWP/31504/2015disposed of no costs

D.Premaiah, v. The State Of Andhra Pradesh, Rep.By Its Principal Secretary,

2015-09-29R.Kantha Rao2 pages

HON'BLE SRI JUSTICE R. KANTHA RAO W.P.No.31504 of 2015 ORDER:

This writ petition is filed seeking to declare the proceedings dated 8.9.2015 issued by the 3rd respondent as illegal and arbitrary and to direct the respondents to continue the petitioner as Field Assistant under MGNREGS to Gollapalem Gram Panchayat, Phirangipuram Mandal, Guntur District. The petitioner was appointed as Field Assistant under MGNREG Scheme in 2007. While so, based on a report lodged by one Nagendramma, a case in Crime No.109 of 2015 was registered against the petitioner for the offence punishable under Section 506, 509 read with 34 IPC of Phirangipuram Police Station, Guntur District. Pursuant to the same, the 3rd respondent vide order dated 8.9.2015 terminated the services of the petitioner.

It appears that the order impugned was passed under Rule P9 of Field Assistants Human Resource Policy. Further, the criminal case registered against the petitioner is still pending. Under these circumstances, the impugned order dated 8.9.2015 passed by the 3rd respondent is set aside and the respondents are directed to reinstate the petitioner into service.

However, this order does not preclude the respondents from initiating disciplinary proceedings in respect of any misconduct relating to the allegations levelled against the petitioner in the impugned order. Accordingly, the Writ Petition is disposed of. No costs.

Miscellaneous petitions pending, if any, shall stand closed.

_________________________ JUSTICE R. KANTHA RAO 29th September, 2015 rkk