S Dinesh v. State Of Ap

HON'BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.34592 of 2015 Order:

Heard Sri Ch.Srinivas, learned counsel appearing for the petitioner, the learned Government Pleader for Panchayat Raj for the respondents 1 to 3 and Sri M.S.R. Chandra Murthy, learned Standing Counsel for DWMA-respondent No.4.

2. This writ petition is filed to declare the action of the 4th respondent in issuing proceedings dated 30-9-2015 not to renew the contract beyond 30-6-2015 i.e. with retrospective effect without issuing any notice or opportunity as illegal, arbitrary, in violation of principles of natural justice and consequently set aside the same with a direction to the respondents to continue the petitioner into service as APO with all consequential benefits.

3. The petitioner was appointed as APO under MGNREGS, Chittoor district. By the impugned order dated 30-9-2015, the contractual employment of the petitioner was not renewed beyond 30-6-2015 on certain allegations.

4. The learned counsel appearing for the petitioner submits that the petitioner is not at all concerned with the said allegations and he had never been in-charge of the works in respect of which the allegations have been made. The learned counsel further submits that the petitioner submitted an explanation setting out all these facts, but the same has not been considered by the respondents.

5. On the other hand, the learned Standing Counsel for the 4th respondent would submit that since the order impugned is an order of

suspension pending enquiry, it may not be interfered with.

6. Considering the submissions made on either side, I am of the view that the writ petition can be disposed of with a direction to the 4th respondent to complete the enquiry within a prescribed period.

7. Consequently, the writ petition is disposed of directing the 4th respondent to complete the enquiry against the petitioner within a period of one month from the date of receipt of a copy of this order duly considering the explanation filed by the petitioner and affording him an opportunity of personal hearing. If the enquiry is not completed within a period of one month, the order of suspension shall stand revoked. The miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.

___________________ R.KANTHA RAO, J.

14th October, 2015.

Ak HON'BLE SRI JUSTICE R.KANTHA RAO

Writ Petition No.34592 of 2015

14th October, 2015.

(Ak)