B.Shankaraiah, v. The State Of Telangana , Rep. By Its Principal Secretary,
HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Writ Petition No. 300 of 2016 Order:
The petitioner claims to be a Field Assistant working under Mahatma Gandhi Rural Employment Scheme. He was appointed on 01.04.2006. While so, the fourth respondent issued a show cause notice on 19.11.2014 and he submitted his explanation on 21.01.2015. Ultimately, an order was passed by the fourth respondent on 22.04.2015 removing the petitioner from service by holding that most of the allegations out of twenty allegations have been proved. Challenging the said order, the petitioner preferred an appeal to the third respondent. The third respondent confirmed the order of the fourth respondent by proceedings dated 16.11.2015.
2. A perusal of the order of the third respondent shows that he merely copied the order passed by the fourth respondent dated 22.04.2015 without applying his mind. He has not shown any reason for confirming the order passed by the third respondent. It is unfortunate that the third respondent in the position of a District Collector passed an appellate order without applying his mind. This Court is totally dissatisfied with the manner of disposal of the appeal by the third respondent.
3. In the circumstances, the order of the third respondent dated 16.11.2015 is set aside and the matter is remanded to the third respondent for passing fresh orders after hearing the petitioner within a period of three (3) months from the date of receipt of a copy of this order.
4. The Writ Petition is, accordingly, allowed. There shall be no order as to costs.
5. As a sequel thereto, the miscellaneous applications, if any,
pending in this Writ Petition shall stand closed. ________________________ A.
RAMALINGESWARA RAO, J Date: 18.07.2016 Nsr