Battula Siva Govinda Rao v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.24144 OF 2018 Dated:16.07.2018 Between:

Battula Siva Govinda Rao, S/o. Venkataswamy (Late), Age: 43 years, Occ: Field Assistant (under suspension), R/o.D.No.3-52, Pydikonda Village & Post, Thondangi Mandal, East Godavari District, Andhra Pradesh .. Petitioner And The State of Andhra Pradesh, rep., by its Principal Secretary, Panchayat Raj Department, Secretariat, Secretariat Building, Velagapudi, Guntur District, And others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.24144 OF 2018 ORDER:

Heard.

2.

Petitioner was placed under suspension by proceedings dated 20.02.2016 and on the same day, single charge was framed against him and the same was communicated to him. Denying the allegation made against the petitioner, he filed explanation on 18.03.2016. Alleging inaction on the said explanation; making no further progress and continuing the petitioner under suspension, this Writ Petition is filed.

3.

As per the instructions furnished to learned Special Standing Counsel for MGNREGS, so far no final orders are passed pursuant to the charge framed against the petitioner. 4.

Admittedly, the proceedings are kept pending for more than two years. However, as per the Human Resources Policy governing the Field Assistants, disciplinary action should be concluded within one month. Hence, I see no justification in keeping the proceedings pending for such a long time.

5.

Therefore, without expressing any opinion on the merits of the case, the Writ Petition is disposed of directing the Project Director, District Water Management Agency, East Godavari District, the 2nd respondent, to conclude the disciplinary action within one month from the date of receipt of a copy of the order. For any reason, if the proceedings are not concluded, the

suspension of the petitioner shall be revoked. There shall be no order as to costs.

Miscellaneous Petitions, if any, filed in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:16.07.2018 KH