Smt. A.V.D.N.S.R.Padmavathi ... vs The State Of Andhra Pradesh
2021 Latest Caselaw 1150 AP

  THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                     WRIT PETITION No.4657 OF 2021

ORDER:-


       This      writ    petition        is   filed   under   Article      226   of   the

Constitution of India seeking the following relief:

             "......pleased to issue a writ, order or direction, more particularly one
  in   the     nature   of   writ   of    Mandamus,      declaring   the   Proceedings
  No.A2196/SA/PE/Routhulapudi/11th                    Round/DMVVA/2019,          dated
  04.01.2020 passed by the 3rd Respondent suspending the Petitioner

temporarily from the post of Field Assistant of P. Chamavaram Village Routhulapudi Mandal, East Godavari District without conducting any enquiry, as highly illegal, arbitrary and violative of principles of natural justice opposed to the Articles of 14 and 21 of Constitution of India as also contrary to the provisions of Natural Rural Employment Guarantee Scheme Act 2005 and consequently direct the 3rd Respondent to reinstate the Petitioner in to service for the post of Field Assistant forthwith and pass such other order or orders ....."

While the petitioner working as Field Assistant, he was

issued a notice of Suspension with Charge Memo by the 3rd

respondent vide proceedings No.A2/96/SA/ PE/ Routhulapudi/

11th Round/DMWA/2019, dated 04.01.2020 alleging certain

illegalities/corruption against this petitioner which came to their

notice while conducting social inspection on 23.11.2019 during the

public enquiry. It is further alleged that the petitioner indulged in

misappropriation of Government funds resulting in deficiency of

service and accordingly lost public faith and also in extending the

scheme for village development and also the people below the

poverty line and it was further mentioned therein that a criminal

case will be filed against this petitioner under the provisions of A.P.

Promotion of Social Audit and Prevention of Corrupt Practices

Ordinance, 2011 without issuing any show cause notice, the

petitioner was placed under suspension in the post of Field

Assistant. The same is questioned now before this Court on the

ground that though enquiry was initiated long back i.e., on

04.01.2020 the enquiry is not completed and requested to issue a

direction as claimed by the petitioner.

During hearing, Mr P.Rajkumar, learned counsel for the

petitioner reiterated the contentions. Whereas, Mr M.S.R.Chandra

Murthy, learned Standing Counsel, fairly requested this Court to

issue a direction to the respondents to complete the enquiry and

pass final order within one month as major part of the enquiry is

completed.

Recording the submissions of learned Standing Counsel Mr

M.S.R.Chandra Murthy, no further adjudication is required and

this Court normally would not interfere with the suspension order

in view of the judgment of Division Bench of this Court in Special

Appeal No.576 of 2019, dated 18.06.2019, wherein this Court

made it clear that the jurisdiction of this Court under Article 226

of Constitution of India is limited and normally this Court will not

interfere with such orders, unless the order is passed without

competency against the law.

But in the present case, the only ground is that the enquiry

is not completed though one year is elapsed, therefore this Court

cannot interfere with such enquiry under Article 226 of

Constitution of India in view of the law declared by this Court in

Buddana Venkata Murali Krishna vs. State of A.P. and Ors1.

2016 (3) ALT 727

Therefore, without touching the merits of the case, the

respondent No.3 is directed to pass appropriate final order after

completing the enquiry initiated against this petitioner within one

(01) month from the date of receipt of a copy of this order.

With the above direction, the Writ Petition is disposed of. No

costs.

Miscellaneous petitions pending, if any, in this Writ Petition

shall stand closed.

_________________________________________ JUSTICE M.SATYANARAYANA MURTHY

Date : 25-02-2021 Gvl

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.4657 OF 2021

Date : 25.02.2021

Gvl