Bogireddy Padmavathi, v. The State Of Andhra Pradesh, Rep. By Its

HON'BLE SRI JUSTICE R. KANTHA RAO Writ Petition No.15846 of 2015 ORDER:

Heard the learned counsel appearing for the petitioner, learned Government Pleader for Panchayat Raj-R.1 and R.2 and Sri M.S.R. Chandra Murthy, learned Special counsel for MGNREGS-R.3 and R.4.

2. The petitioner was working as Field Assistant on temporary basis in the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNRES), Nallagonda Gram Panchayat, Vinjamur Mandal, SPSR Nellore District. A charge memo was issued to her levelling eight charges alleging that she did not pay the wages to the workers. The petitioner denied the charges. But the petitioner was suspended by order dated 15.05.2015. Against the said suspension order, she preferred an appeal to the 2nd respondent. While the appeal was pending, an order terminating the services of the petitioner was passed. The said order is impugned in the present writ petition.

3. Learned counsel appearing for the petitioner contends that the seven job holders/daily wage workers made a submission before the MPDO to the effect that when the social audit team examined them, they stated that they received wages properly, but the audit team obtained signatures on the blank papers. In any event, considering the report submitted by the social audit team, the services of the petitioner were terminated. Since the termination order is appealable, this court is of the view that a direction can be issued to the petitioner to prefer fresh appeal to the 2nd respondent, who is the Appellate Authority.

4. Consequently, the petitioner is directed to prefer an appeal afresh before the 2nd respondent-Competent Authority, within four weeks from the date of receipt of a copy of this order and thereafter, the 2nd respondent, who is the Appellate Authority, shall dispose of the said appeal and pass final orders in accordance with

law, within a period of eight weeks.

5. The writ petition is accordingly disposed of at the stage of admission. No order as to costs. Miscellaneous petitions if any, pending in the writ petition, shall stand closed. No order as to costs.

__________________ R. KANTHA RAO, J Date: 08.06.2015 BSS HON'BLE SRI JUSTICE R. KANTHA RAO Writ Petition No.15846 of 2015

Date: 08.06.2015 BSS