High Court for State of TelanganaWP/14296/2010disposed of no costs

Gajji Mallaiah, v. The Government Of Andhra Pradesh,

2016-11-11Sanjay Kumar2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.14296 OF 2010

O R D E R

The prayer of the petitioner in this case was as under: 'It is prayed that this Hon'ble Court may be pleased to issue a Writ, order or direction and more particularly one in the nature of Writ of Certiorari to call for the records of the 3rd respondent in proceedings Lr No.A1/Social Audit/231/2009 dated 23.11.2009 purporting to suspend me from the post of Field Assistant, Malkapur, Ranga Reddy District, National Rural Employment Guarantee Scheme and declare the same as being illegal, arbitrary and unconstitutional and consequently to set aside the same and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.'

At the time of passing of the interim order on 23.06.2010, this Court took note of the fact that the petitioner was suspended from service at the time the show-cause notice dated 23.11.2009 was issued to him calling for his explanation as to why action should not be initiated for his termination from service but no action was taken thereafter. This Court therefore directed reinstatement of the petitioner in service if no further action had been taken pursuant to the show-cause notice dated 23.11.2009. Despite passage of over six years, the respondents have not chosen to file a counter-affidavit. In that view of the matter, this Court sees no purpose served in keeping this matter pending for further hearing. In the event any departmental action was taken against the petitioner pursuant to the show-cause notice dated 23.11.2009, it is open to the petitioner to work out his remedies in respect thereof in accordance with law. If no further action was initiated pursuant to the show-cause notice

dated 23.11.2009 till date, such action shall be deemed to have been dropped for all purposes.

The writ petition is disposed of with the above direction. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

______________________ SANJAY KUMAR, J 11th NOVEMBER, 2016 Svv