Petitioner challenged suspension without enquiry. Court directed responding authority to complete enquiry involving petitioner's explanation within four weeks in accordance with law.
Directed second respondent to complete enquiry considering petitioner's explanation within four weeks in accordance with law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.19963 of 2019
Order :
This Writ Petition is filed to declare the suspension proceedings, dated 04.11.2019, passed by the second respondent against the petitioner from the post of Field Assistant working in Paraselli Gram Panchayat, Narasannapeta mandal, Srikakulam District, without conducting enquiry, as illegal and consequently to direct the second respondent to reinstate the petitioner into service for the said post.
The case of the petitioner is that, he was appointed as Field Assistant in Paraselli Gram Panchayat of Narasannapeta Mandal of Srikakulam District under Mahatma Gandhi National Rural Employment Guarantee Scheme on 01.06.2007; the second respondent issued suspension and show cause proceedings, dated 04.11.2019, alleging that the mates and wage seekers of Paraselli Village, gave compliant against the petitioner; the petitioner was also directed to submit his explanation and he submitted the same on 18.11.2019 to the second respondent; but the second respondent did not complete the enquiry till today; hence the Writ Petition.
Learned Government Pleader for Panchayathraj, appearing for the respondents submits that the second respondent would complete the enquiry after considering the explanation of the petitioner, dated 18.11.2019, in accordance with law, and pass appropriate orders.
2
In the facts and circumstances of the case, without going into the merits of the case, the second respondent is directed to complete the enquiry after considering the explanation of the petitioner, dated 18.11.2019, pending before him, strictly in accordance with law, as expeditiously as possible, preferably, within a period of four(4) weeks from the date of receipt of a copy of this order.
Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
KONGARA VIJAYA LAKSHMI, J.
Date: 11.12.2019 BL
3
THE HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No. 19963 of 2019
Dated : 11.12.2019
BL
1 issue framed by the court
Whether the suspension without enquiry violates the petitioner's service rights requiring completion of enquiry expeditiously.
Field Assistant, Paraselli Gram Panchayat
Panchayath Raj Department
Kongara Vijaya Lakshmi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
