Andhra Pradesh High Court
WP/21113/2019 of D. Nagamma, Vs The State of Andhra Pradesh, on 31 December 2019
KONGARA VIJAYA LAKSHMI WRIT PETITION No.21113 of 2019 ORDER: The proceedings of respondent No.3 dated 06.11.2019, terminating the petitioner as Field Assistant, is questioned in the Writ Petition. The case of the petitioner is that he joined as Rozgar Sevak (Field Assistant) in the office of
HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.21113 of 2019
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ORDER:
The proceedings of respondent No.3 dated 06.11.2019, terminating the petitioner as Field Assistant, is questioned in the Writ Petition.
The case of the petitioner is that he joined as Rozgar Sevak (Field Assistant) in the office of respondent No.3 on 15.03.2011 under Mahatma Gandhi National Rural Employment Guarantee Scheme; respondent No.4 issued show cause notice dated 23.07.2019, to which she submitted her reply on 29.07.2019; respondent No.3, pursuant to the letter of respondent No.4 dated 05.08.2019, temporarily placed her out of employment and asked her to submit explanation to respondent No.5; as temporary suspension orders were not revoked, she filed W.P.No.12975 of 2019; this Court, by order dated 11.09.2019, directed respondent No.3 to consider her explanation and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of the order despite which, the impugned order dated 06.11.2019 was passed terminating her permanently from employment; her grievance is that as per circular dated 27.01.2010 and G.O.Ms.No.98 dated 09.03.2010, no villager, wage seeker or majority members of Gram Panchayat were examined; she preferred appeal to respondent No.2 against the order of respondent No.3; and pending consideration of the appeal before respondent No.2, the present writ petition is filed.
Heard the learned Government Pleader for Panchayat Raj appearing for respondent Nos.1 and 2 and Smt J.Sumathi, learned Standing Counsel appearing for respondent No.4.
Sri MSR Chandra Murthy, learned Standing Counsel appearing for respondent No.5, submits that, as the petitioner has already availed the statutory remedy of appeal, respondent No.2 may be directed to dispose of the same in accordance with law.
In the facts and circumstances of the case, as the petitioner had already availed the remedy of appeal, respondent No.2 – District Collector is directed to dispose of the appeal, as expeditiously as possible. Till the disposal of the appeal filed by the petitioner, respondents are directed not to recover the amount, mentioned in the impugned order, from the petitioner.
With the above observation, the Writ Petition stands disposed of. No order as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
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KONGARA VIJAYA LAKSHMI, J Date:31.12.2019 usd