A writ petition challenging the suspension of a Junior Assistant pending inquiry. The court held that suspension was legal under the relevant Rules and an appeal lay under Rule 33. Dismissed. No order as to costs.
The writ petition is dismissed at the stage of admission. No order as to costs.
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.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
MONDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 19114 OF 2024
Between:
Macharla Sri Rama Murthy, S/o. Venkaiah, Age 61 years, Occ Junior Assistant (under Supspension) Uppugundur Gram Panchayat Naguluppalapadu Mandal, Prakasam District.
...Petitioner
AND
- The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Guntur, Guntur District.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may
¥
be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus the action of the 4th Respondent/District Panchayat Officer in placing the petitioner under suspension vide impugned order in Roc. No.826/2023(Pts)A4, dated 05-08-2024 even though the Sarpanch, Uppugundur Gram Panchayat, at whose instant enquiry was ordered, has given detailed representation withdrawing her complaint and that at the instance of Koutharapu Haribabu false complaint was given against the petitioner as illegal, arbitrary and unconstitutional and consequently set-a-side the impugned order in Roc. No.826/2023(Pts)A4, dated 05-08-2024.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to discharge his official duties as Junior Assistant, Uppugunduru Gram Panchayat, Naguluppalapadu Mandal, Prakasam District by suspending the impugned order in Roc. No.826/2023(Pts)A4, dated 05-08-2024 issued by the 4'*^ Respondent.
Counsel for the Petitioner :SRI. G VENKATA REDDY
Counsel for the Respondents Nos 1 to 5: GP FOR PANCHAYAT RAJ &
RURAL DEVELOPMENT
The Court made the following : ORDER
V
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.19114 OF 2024
Between:
Macharla Sri Rama Murthy, S/o Venkaiah, Age 61 years, Occ: Junior Assistant (under suspension), Uppugundur Gram Panchayat, Naguluppalapadu Mandal, Prakasam District.
... Petitioner
And
The State of Andhra Pradesh, rep by its Principal Secretary, Panchayat Raj and Rural Development Department Secretariat Buildings, Velagapudi, Guntur District and four others.
... Respondents
Counsel for the petitioner Counsel for respondents
Sri G.Venkat Reddy GP for Services - IV
ORDER
The above writ petition is filed assailing the proceedings issued by respondent No.4 vide Roc.No.826/2023(Pts)A4, dated 05.08.2024 (Ex.P1), whereby the petitioner was placed under suspension, pending inquiry, as illegal and arbitrary.
- Heard Sri G.Venkat Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Services appeared for respondents 1 to 5.
Page 2 of 5
SRS, J W.P.No.19114 of 2024
- The petitioner was appointed and worked as in-charge Panchayat Secretary, Uppugundur Gram Panchayat Naguluppalapadu Mandal from 01.04.2021 to 30.06.2023. Thereafter, a regular Panchayat Secretary was appointed on 30.06.2023. A show-cause notice dated 18.07.2024 (Ex.P6) was issued to the petitioner. In the show-cause notice, it was mentioned that during the petitioner’s tenure an amount of Rs.42,70,066/- was misused. The petitioner submitted an explanation dated 03.08.2024 (EX.P7). The District Panchayat Officer by proceedings impugned, placed the petitioner under suspension.
- The point for consideration is
“Whether the suspension of the petitioner pending inquiry is legally sustainable.?”
Page 3 of 5
I* -
SRS, J W.P.No.19114 of 2024
f f
- Before proceeding further, it is apt to extract Rule 8(1 )(a) of A.P.C.S.(CC&A) Rules, 1991.
“where disciplinary proceeding against him is contemplated or is pending,”
- Since the authorities exercised the powers vested with it and such power is neither illegal nor arbitrary and suffers from any vices
Page 4 of 5
SRS, J' W.P.No.19114 of 2024
this Court does not find any merit in the writ petitionandthewrit petition is liable to be dismissed.
- Accordingly, the Writ Petition is dismissed at the stage of admission. However, it is open to the petitioner to avail other remedies as per the Rules. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
To,
SDI- K.SRINIVASA RAJU //TRUE COPY// ASSISTANT REGISTRAR SECTiONOFFICER
BKB
HIGH COURT
BKB
DATED:02/09/2024
ORDER
WP.No.19114 of 2024
ANOH^
%
X 2 1 SEP ?0?4
;V2:
^ , Current Section ^
DISMISSING OF THE WP WITHOUT COSTS
1 issue framed by the court
Whether the suspension of the petitioner pending inquiry is legally sustainable.
Macharla Sri Rama Murthy
The State of Andhra Pradesh
The Commissioner, Panchayat Raj and Rural Development
The District Collector and District Magistrate
The District Panchayat Officer
The Divisional Panchayat Officer
Sri Justice Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
