Kasi Shiva Chary v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.9038 OF 2016 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:

"to issue an appropriate writ, order or direction more particularly one in the nature of the Writ of Mandamus, challenging the suspension order issued by the 3rd Respondent/Project Director dt.10-02-2015 as illegal, arbitrary and against the principles of natural justice and contrary to the MGNREGS Act, 2005 and consequently direct the respondents No. 3 & 4 reinstate the petitioner as Field Assistant of Kanimetta Village, Kothakota Mandal, Mahaboobnagar District and to pass such other orders as are necessary in the interests of justice."

2. Heard Smt.K.Juatha, learned counsel, appearing for the petitioner, learned Government Pleader for Panchayat Raj, appearing for respondents 1 and 2, Sri M.S.Rama Chandra Murthy, appearing for the 3rd respondent and Sri G.Narendar Reddy, appearing for the respondents 4 and 5.

3. According to the petitioner, pursuant to a resolution passed by the Grampanchayat, Kanimetta, he was appointed as a Field Assistant. The Project Director, District Water Management Authority, Mahaboobnagar - 3rd respondent herein, vide proceedings bearing No.D5/136/2011, dated 10.02.2015, while framing certain charges and asking the petitioner to show cause, kept the petitioner under suspension pending enquiry under the said allegations. According to the petitioner, he submitted an explanation dated 20.02.2015, but till date no orders have been passed by the 3rd respondent on the enquiry.

3. It is clear from a reading of the affidavit filed in support of the writ petition that the only grievance of the petitioner in the present writ petition is failure on the part of the 3rd respondent in passing any orders on the enquiry.

4. When the matter is taken up, it is submitted by the learned standing counsel for the respondent that on 24.03.2016, the 3rd respondent conducted enquiry and the petitioner also participated in the same and orders will be passed shortly.

5. In view of the above, Writ Petition stands disposed of, directing the Project Director, District Water Management Authority, Mahaboobnagar - 3rd respondent herein, to pass appropriate orders on the enquiry conducted against the petitioner pursuant to proceedings bearing No.D5/136/2011, dated 10.02.2015, within a period of four weeks from the date of receipt of a copy of this order.

6. Miscellaneous petitions pending consideration, if any, in the Writ Petition shall stand closed in consequence. No order as to costs. __________________ A.V.SESHA SAI, J 28.03.2016 SS