The Sarpanch, v. State Of Andhra Pradesh

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.15701 OF 2016 ORDER:

The writ petition is filed questioning the notice dated 19.04.2016 issued by the 3rd respondent-District Panchayat Officer, in exercise of the powers under Rule 42 second proviso issued under G.O.Ms.No.30 dated 20.01.1995.

Though the learned counsel for the petitioner submits that no notice has been issued to the petitioner, the alternative arrangement which has been made being sanctioned pending further orders and the notice itself specifically speaks about the same being as show-cause notice, there is no infirmity in the order. However, suspension pending enquiry or making an alternative arrangement cannot be made for an indefinite period as the petitioner had already claimed that he had submitted an explanation on 21.04.2016 itself, interest of justice would be served if a direction is given to the 3rd respondent-D.P.O to pass the final orders pursuant to the notice and the explanation submitted within a period of two weeks from the date of receipt of the copy of the order.

Accordingly, the writ petition is disposed of with a direction to the 3rd respondent-D.P.O to pass appropriate orders on the explanation dated 21.04.2016 submitted by the petitioner after giving the opportunity of hearing to him in terms of the Rule 42(1) of G.O.M.S.No.30 dated 20.01.1995. No order as to costs.

Consequently, Miscellaneous Petitions pending, if any, in this writ petition shall stand closed.

______________________________ CHALLA KODANDA RAM,J Date:01.06.2016.

Gk THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

WRIT PETITION No.15701 OF 2016 Date:01.06.2016 Gk