K. Gopala Krishna, 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 WEDNESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND SIXTEEN

Present

Between:

K. Gopala Krishna, S/o. Sri Ramulu, Hindu, Aged about 32 years, Occ: Field Assistant (Under suspension), R/o. Mathukumilli Village, Kajuluru Mandal, East Godavari District.

.. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Andhra Pradesh Secretariat Buildings, Hyderabad & 2 others .. Respondents The Court made the following:

ORDER:

The petitioner is a Field Assistant.

Alleging grave illegalities committed by him while performing the duties as Field Assistant, a show cause notice, dated 06.10.2015, was issued. He was also placed under suspension. Denying the allegations levelled against the petitioner, he filed a detailed explanation on 05.11.2015.

The grievance of the petitioner necessitating institution of this writ petition is that so far, no further orders are passed. He is unnecessarily denied rendering his services. The reading of the show cause notice shows pre-determined opinion that no date is fixed for holding of personal hearing, whereas the Human Resources Policy mandates holding of personal hearing.

2. Admittedly, the petitioner filed his explanation and so far, no further orders are passed. It cannot be presumed at this stage that the competent authority would not follow the procedure as envisaged in the Human Resources Policy and record findings on that count. If the petitioner has a serious grievance regarding not observing procedural formalities, it is always open to the petitioner to raise the same in appropriate proceedings.

3. Since explanation is already filed and the Human Resources Policy stipulates time for finalizing the proceedings,

the Project Director, DWMA, Kakinada, East Godavari District (2nd respondent) is directed to take appropriate further course of action, as warranted, in accordance with the Human Resources Policy governing the Field Assistants, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order. It is open to the petitioner to make a request for holding a personal hearing and on such a request made, the same shall be considered positively.

4. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _____________________ P.NAVEEN RAO, J Date: 27th January, 2016 KL

Date: 27th January, 2016 KL