S. Venkata Subbaiah, v. The State Of Andhra Pradesh,
HON'BLE SRI JUSTICE R. KANTHA RAO Writ Petition No.19210 of 2015 ORDER:
Heard Sri P.V.V.Satyanarayana, learned counsel appearing for the petitioner, learned Government Pleader for Panchayat Raj-R.1, learned Government Pleader for Revenue-R.3 and Sri M.S.R.Chandra Murthy, learned special counsel for R.2, R.4 and R.5.
2. This writ petition is filed by the petitioner seeking writ of mandamus declaring the action of the respondents in not reinstating the petitioner on par with Sri B. Siva Shankar Reddy, APO, Muddanoor Mandal, as illegal and arbitrary and consequently to direct the respondents to reinstate the petitioner as Computer Operator under MGNREG Scheme in the office of 5th respondent.
3. According to the petitioner he was appointed as Computer Operator under MGNREG Scheme on 20.07.2005 and working as such in the office of the 5th respondent, till his termination by proceedings dated 03.06.2012 of the 4th respondent. The case of the petitioner is that a news item was published in Eenadu news paper on 18.05.2012 wherein it was alleged that one B.Shiva Shankar Reddy, APO, Gopavaram Mandal, working under MGNREG Scheme, was guilty of harassing women. The 5th respondent conducted enquiry into the news item and found that the said B. Shiva Shankar Reddy, involved and indulged in misconduct of harassing woman. In the same incident, a show cause notice dated 29.05.2012 was issued to the petitioner by the 4th respondent, for which the petitioner submitted detailed explanation. But the 4th respondent without considering his explanation and without adverting to the enquiry report, issued proceedings dated 03.06.2012 terminating the services of the petitioner. Thereafter, the petitioner submitted a representation dated
11.10.2013 to respondents 1 and 2, requesting to reinstate him into service. But so far no orders have been passed thereon. Hence, the petitioner filed the present writ petition.
4. Under these circumstances, respondents 1 and 2 are directed to dispose of the representation dated 11.10.2013 submitted by the petitioner where under he sought reinstatement into service, in accordance with the Rules, within a period of eight (8) weeks from the date of receipt of a copy of this order.
5. The writ petition is accordingly disposed of. Miscellaneous applications, if any, shall stand closed. No order as to costs. __________________ R. KANTHA RAO, J Date: 30.06.2015 BSS HON'BLE SRI JUSTICE R. KANTHA RAO Writ Petition No.19210 of 2015
Date: 30.06.2015 BSS