D.Mallaiah v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.27228 of 2016 ORDER:

The petitioner was appointed as Field Assistant of Loddipalli Gram Panchayat, Orvakal Mandal in Kurnool District. He completed the contract period from 01.07.2014 to 30.06.2015. The work of the petitioner was assessed in order to renew the contract and a three men committee recommended his case. The Project Director communicated the decision of the three men committee through his proceedings dated 16.06.2016 to the Program Officer, Orvakal Mandal. The petitioner was allowed to continue without passing any order of renewing the contract. The petitioner submitted a representation on 24.06.2016 for passing appropriate orders. When they were not given, the present Writ Petition is filed.

Learned Standing Counsel for the respondents took time to get instructions and, on the basis of the instructions, he submits that some allegations were received from the villagers of the Gram Panchayat on 30.06.2016. The Program Officer submitted a report on 05.07.2016 to the Project Director communicating to him the allegations levelled against the petitioner by the villagers and seeking his necessary instructions. On that, the Project Director issued an order on 05.08.2016 suspending the petitioner from the duties. Learned Standing Counsel for the respondents fairly submits that till today no charge memo is issued to the petitioner.

In view of the allegations levelled against the petitioner, this Court is not inclined to give a finding with regard to the allegations. However, the Project Director, Kurnool, shall consider the tenability of the allegations and if he feels that an enquiry is needed, he shall issue appropriate charge memo to the petitioner, invite his explanation and pass appropriate orders thereon, within a period of four weeks from the date of receipt of a copy of this order. In case the Project Director, Kurnool, thinks that the charges are trivial in nature, the petitioner can be let off with a warning to be careful in future. In the circumstances, the matter is remanded to the Project Director, Kurnool, for taking appropriate action, as aforesaid. The Writ Petition is, accordingly, disposed of. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

________________________________ (A.RAMALINGESWARA RAO, J) 06.09.2016 vs