THE HON’BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No. 31291 of 2014 DATE:20.10.2014 Between:
T.N.Dilep Kumar … Petitioner And The State of A.P. rep. by its Prl. Secretary to Government Panchayat Raj and Rural Development Department, Hyderabad and others … Respondents THE HON’BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No. 31291 of 2014 ORDER:
This Writ Petition is filed challenging the order of the 3rd respondent placing the petitioner, a Field Assistant, under suspension by proceedings dated D2/1275/HR/2014, dated 14.05.2014.
Heard the learned counsel appearing for the petitioner, the learned Government Pleader for Panchayatraj representing the respondents 1 and 2, and the learned counsel appearing for the 3rd respondent.
The petitioner was originally a Rozgar Sevak for Narayanavanam Grampanchayat under NREGS. Thereafter, he was appointed as a Field Assistant in Narayanavanam Grampanchayat in the month of May, 2012. While he was working as a Field Assistant, some villagers made a complaint to his higher authorities stating that while working as a Field Assistant, the petitioner was also running a Fair Price Shop in his name. Thereupon, the petitioner surrendered the authorization of the Fair Price Shop to the Revenue Divisional Officer, Chittoor. However, the petitioner was suspended on the aforesaid complaint on the ground that he was simultaneously running a Fair Price Shop.
The grievance of the petitioner is that even after surrendering the authorization of the Fair Price Shop, he was continuing as a Field Assistant and his suspension is illegal and, therefore, he claims reinstatement in the present writ petition.
Obviously the suspension of the petitioner is not on account of any irregularity or acts of misappropriation, while discharging his duties as a Field Assistant. It was on the ground that while working as a Field Assistant, the petitioner cannot simultaneously run the Fair Price Shop. The petitioner, however, surrendered the authorization of the Fair Price Shop and resigned for the post of Fair Price Shop Dealer, which was accepted by the Revenue Divisional Officer, Chittoor. The petitioner made a representation to the 2nd respondent to reinstate him. The matter was enquired into and the Enquiry Officer submitted a report stating that the petitioner had already surrendered the authorization of the Fair Price Shop.
Under the above circumstances, the 2nd and 3rd respondents are directed to dispose of the representation made by the petitioner whereunder he sought to consider his reinstatement to the post of Field Assistant, pursuant to the surrender of the authorization as a Fair Price Shop Dealer, and pass a final order, within a period of six (6) weeks from the date of receipt of a copy of this order.
Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed.
R. KANTHA RAO, J 20th October, 2014 cbs HON’BLE SRI JUSTICE R. KANTHA RAO Writ Petition No.31291 of 2014 (Disposed of) 20th October, 2014 cbs