M.Hanumanthu Naik, S/O. Anujiya Naik v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE R. KANTHA RAO Writ Petition No.30007 of 2015 ORDER:

Heard Sri N. Aswartha Narayana, learned counsel appearing for the petitioner, learned Government Pleader for Panchayat Raj, Sri MSR Chandramurthy, learned special counsel for respondents 3 & 4 and Sri G. Seshadri, learned standing counsel for the 5th respondent.

2. It is submitted by the learned counsel appearing for the petitioner, that the services of the petitioner, who is a Field Assistant, were terminated by the 4th respondent vide impugned order dated 26.08.2015 even without issuing any notice.

3. A perusal of the impugned proceedings dated 26.08.2015 obviously indicate that before termination, no notice was issued to the petitioner. Therefore, the order ex-facie is illegal. In view of the above, the impugned order dated 26.08.2015 where under the petitioner was terminated from service is set aside and the respondents are directed to reinstate the petitioner into service forthwith. However, this order does not preclude the respondents from conducting regular disciplinary proceedings in accordance with the Rules after due notice to the petitioner and pass final orders.

4. The writ petition is accordingly disposed of. Miscellaneous petitions, if any, in this writ petition, shall stand closed. No order as to costs.

__________________ R. KANTHA RAO, J Date: 15.09.2015 Note: Furnish CC in three days (BO) BSS

HON'BLE SRI JUSTICE R. KANTHA RAO URGENT Writ Petition No.30007 of 2015 Date: 15.09.2015

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