P Narasimha v. Prl.Secretary ( P And R) And 3 Others

HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.33202 of 2017 ORDER :

The order withdrawing the cheque power of the petitioner herein passed by the District Panchayat Officer, Nalgonda, vide proceedings, dated 19.09.2017, is under challenge in the present writ petition.

2.

It is contended by the learned counsel for the petitioner that since the impugned order does not stipulate any time period, this writ petition is liable to be allowed in view of the law laid down by this Court in Somagani Venkata Subbamma v. District Panchayat Officer, Krishna District and another1.

3.

In the said judgment, this Court at Paragraphs 9 and 10 held as under:

9. In this case, the petitioner herein was prohibited from drawing the Gram Panchayat funds permanently and completely, which is not contemplated under Rule 42(1) of the Rules. For this reason, the writ petition has to be allowed.

10. Accordingly, the writ petition is allowed. It shall, however, be open to the first respondent to take appropriate action against the petitioner in accordance with law. No costs. 4.

In view of law laid down in the aforesaid decision, the writ petition is allowed in terms thereof, setting aside the order of the District Panchayat Officer, Nalgonda, issued, vide Order No.5354/161 2006 (4) ALD

B/P.D., dated 19.09.2017. However, it is open to the respondents to take appropriate action against the petitioner in accordance with the law.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. No costs.

_________________ A.V. SESHA SAI, J 18th April 2018 mar