THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P.M.P.NO.31930 OF 2012 AND W.V.M.P.NO.
3582 OF 2012 IN W.P. NO.25031 OF 2012 AND WRIT PETITION NO.25031 OF 2012 DATED 06th DECEMBER, 2014 Between:
Ch. Satyanarayana … Petitioner and The Government of Andhra Pradesh, Rep. by its Principal Secretary, Department of Agriculture & Cooperation, Hyderabad and others … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P.M.P.NO.31930 OF 2012 AND W.V.M.P.NO.
3582 OF 2012 IN W.P. NO.25031 OF 2012 AND WRIT PETITION NO.25031 OF 2012 O R D E R By interim order dated 14.08.2012, this Court granted interim suspension of the impugned proceedings dated 02.08.2012, whereby the petitioner was removed from the post of Estate Officer, Rythu Bazar, Rajahmundry. The interim order reads as follows:
“The impugned proceedings dated 2.8.2012 removing the petitioner from the post of Estate Officer, Rythu Bazar, Rajahmundry, is in violation of the allotment of administrative powers in Annexure-I to G.O.Ms.No.29 dated 16.2.2012. As per the said G.O, appointment and removal of Estate Officer of Rythu Bazars is to be done only by the Chief Executive Officer of the Rythu Bazar and not by the Joint Collector, who is given such a power only in respect of other Assistants/Supervisors in Rythu Bazars.
Prima facie, the impugned proceedings dated 2.8.2012 appears to be without jurisdiction.
There shall accordingly be an interim suspension as prayed for.”
W.V.M.P. No.3582 of 2012 was filed by the respondents to vacate the above order. However, in the counter filed in support of the vacate stay petition, it is specifically stated in para 5 that as per G.O.Ms.No.29 dated 16.02.2012, the power of appointment and removal of the Estate Officers vested only in the Chief Executive Officer of Rythu Bazars. Once this is admitted, it is not open to the authority concerned to deviate from the specific conferment of powers under the G.O. and delegate his authority to an officer who did not have such power as per the G.O. The impugned proceedings dated 02.08.2012 are therefore without jurisdiction and are accordingly set aside. This order shall however not preclude the respondents in the writ petition from initiating action afresh against the petitioner in accordance with the due procedure and the principles of natural justice.
The writ petition is accordingly allowed. Interim order dated 14.08.2012 shall stand vacated in the light of this final order. The miscellaneous petitions are ordered accordingly. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
SANJAY KUMAR, J 06th DECEMBER, 2014
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