B. Mallikarjuna, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE R. KANTHA RAO WP No.28364 of 2015 Order :

Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents. The petitioner was appointed as Field Assistant in the office of the 4th respondent-Mandal Parishad Development Officer, Mandal Praja Parishad, Kalyandurgam Mandal, Anantapuram District. In the report of the social audit dated 21.6.2012 certain allegations were leveled against the petitioner, therefore a show cause notice was issued to him on 25.7.2012 calling upon the explanation of the petitioner. According to the learned counsel for the petitioner, impugned order removing the petitioner from service was passed by the 3rd respondent-Project Director, District Water Management Agency, Anantapuram, Anantapuram District without receiving explanation from the petitioner and without conducting any enquiry and therefore the impugned order is passed in violation of the principles of natural justice.

It is however, submitted that the petitioner has already filed appeal before the District Collector, Anantapuram District and the same is pending consideration. In the circumstances, the writ petition is disposed of directing the District Collector, Anantapuram District to dispose of the appeal said to have been filed by the petitioner herein within a period of four weeks from the date of receipt of copy of this order duly considering the contentions advanced by the petitioner that the impugned

order was passed without receiving the explanation from the petitioner and without conducting any enquiry, as per law. Accordingly, the writ petition is disposed of at the admission stage. No order as to costs. The Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. ____________________ JUSTICE R.KANTHA RAO Date:3.9.2015 kk

THE HON'BLE SRI JUSTICE R. KANTHA RAO WP No.28364 of 2015 3-9-2015