B.Venkataramana Naik, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION NO.18156 OF 2016 ORDER:

The petitioner was appointed as Field Assistant for Pulakuntapalli Grampanchayat, Amadaguru Mandal, Anantapur District under MGNREG Scheme in the year 2006. When a notice of termination was issued on 01-04-2016, the present writ petition is filed on the ground that no enquiry was conducted before issuing order of termination.

2. Learned standing counsel for the respondents produced before this Court a copy of the instructions issued to him by the Project Director, which states that two charges were levelled against the petitioner and a show cause notice was issued to him on 18-11-2011 for the irregularities committed by him. The petitioner neither submitted an explanation nor attended the enquiry. Hence, an ex-parte enquiry was conducted and it was noticed that he mis-appropriated an amount to a tune of Rs.12,935/-, which was found to be high insofar as the Field Assistant is concerned. In view of the same, proceedings were issued on 01-04-2016.

3. Learned counsel appearing for the petitioner submits that the present proceedings were issued for lapses alleged to have been committed way back in the year 2011 and in fact the amounts were paid by the contractor and nothing is due from the petitioner. He further submits that the petitioner preferred an appeal before the appellate authority.

4. In view of pendency of appeal, this Court is constrained to suspend the impugned proceedings and accordingly, the impugned proceedings, dated 01-04-2016 is suspended till the disposal of the appeal by the 2nd respondent.

5. Accordingly, the writ petition is disposed of. No order as to costs. Miscellaneous petitions, if any pending in this writ petition shall stand closed.

_______________________________ A.RAMALINGESWARA RAO, J DATED: 28-06-2016 Hsd