Kommi Nageswari, v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE R. KANTHA RAO Writ Petition No.30538 of 2015 ORDER:

Heard Sri Kambhampati Ramesh Babu, learned counsel appearing for the petitioner, learned Government Pleader for Panchayat Raj and Sri M.S.R.Chandra Murthy, learned special counsel for the 3rd and 4th respondents.

2. This writ petition is filed seeking writ of Mandamus declaring the proceedings of the 3rd respondent dated 05.09.2015 initiating disciplinary proceedings against the petitioner and suspending the petitioner from duties of Field assistant of Nindali Grama Panchayat, Balayapalli Mandal, SPSR Nellore District, as illegal and arbitrary.

3. A perusal of the charge mentioned in the show cause notice, it is clear that it is not specific and it is simply stated that the authorities came to know about certain irregularities against the petitioner and hence, she was suspended pending enquiry. Since the charge against the petitioner is not specific, I am of the considered view that the suspension is illegal. In the circumstances, the impugned order dated 05.09.2015 by which the petitioner was suspended is hereby set aside and the respondents are directed to continue the petitioner in service. However, the Authorities can proceed with the enquiry and pass appropriate orders in accordance with the Rules.

4. The writ petition is accordingly disposed of. Miscellaneous petitions, if any, in this writ petition, shall stand closed. No order as to costs. __________________ R. KANTHA RAO, J Date: 21.09.2015 Note: Furnish CC in 2 days (BO) BSS HON'BLE SRI JUSTICE R. KANTHA RAO URGENT

Writ Petition No.30538 of 2015

Date: 21.09.2015 BSS