Koyya Nookaiah, v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.3304 of 2015 ORDER:

Petitioner herein was working as field assistant at Kodavali village, Gollaprolu Mandal, East Godavari District. Alleging certain irregularities against him a show cause notice dated 03.12.2014 was issued to the petitioner by the Project Director while placing him under suspension. Petitioner has already submitted his explanation on 15.12.2014 before the Project Director giving explanation to each of the three charges levelled against him and submitted that for the last seven years he is working as Field Assistant and every time TA, APO and APD are inspecting his works and they never questioned that there are irregularities and delay and requested the Project Director to revoke his suspension. Present writ petition is however filed questioning the order of suspension on the ground that the same is wholly unwarranted.

Heard the learned counsel for the petitioner and learned Government Pleader for Panchayat Raj and Rural Development appearing for respondents 1 to 3, Sri M.S.R.Chandra Murthy, learned counsel for respondent No.4 and Sri G.Elisha, standing counsel for Mandal Parishad.

Since the order impugned is one of suspension pending enquiry, neither the competency of the Project Director is questioned nor any malafides are alleged in passing of the said order. Therefore, the order of suspension is not interfered with. However, the petitioner has already shown causes for the charges levelled against him and his suspension is operating from

03.12.2014, it is imperative that the 3rd respondent shall take appropriate action after considering the representation of the petitioner and pass appropriate order as to whether the suspension of the petitioner deserves to be revoked or continued. Accordingly, the writ petition is disposed of directing the third respondent to pass appropriate orders as referred above within two weeks from the date of receipt of copy of this order. No costs. The miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_______________________ VILAS V.AFZULPURKAR, J Date:16-02-2015 Rns.

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR

W.P.No.3304 of 2015 16-02-2015 Rns