V Venkatesh Vs the State of Ap

“…..to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the proceedings issued by 2nd and 3rd respondents in orders No.HR/ 16 / EGS / DWMA / 2017 dt.08.11.2018,Final Orders No. HR / 16 / EGS / DWMA / 2017, dt.19.05.2018 respectively as illegal, arbitrary, contrary to service conditions and contrary to law laid down by this Hon'ble Court and consequently direct respondents 2 to 4 to reinstate the petitioner into service as Field Assistant under Mahatma Gandhi National Rural Employment Guarantee Scheme to Ponnada Gram Panchayat, U Kothapalli Mandal, East

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Godavari District with all consequential and incidental benefits attached to the post and to pass such other order or orders……”

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None represented for the petitioner.

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Learned Assistant Government Pleader for Panchayat Raj and Rural Development, on written instructions received, would submit that the prayer in the writ petition is complied. The District Collector conducted personal hearing and recommended for reinstatement of the petitioner as no financial irregularities were recorded against him and considering it as a first mistake. Accordingly, he was reinstated into service on 05.08.2019. It is beneficial to extract the written instructions received, which reads as under:

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“Report received from the APD, Kakinada cluster that the Field Assistant is showing severe negligence towards duties, did nit mend himself even after issuance of oral instructions

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As per the FAs Disciplinary Policy, the PA was kept under suspension on dt. 10.11.2017

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The FA submitted explanation and after due examination of the explanation submitted, the individual was issued termination orders on dt. 19.05.2018.

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Appeal was submitted to the Appellate Authority Le., the district Collector on dt.30.07.2018 and personal hearing was conducted by the Appellate Authority and Final Termination Orders were issued on dt.08.11.2018

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Sri B.V.Venkatesh, Field Assistant (terminated) filed WP.No.1631/2019 in the Hon'ble High Court of AP.

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Also the FA filed Grievance Petition requesting for reinstatement and the District Collector conducted personal hearing and recommended for re-instatement as no financial

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irregularities were recorded against the FA considering as his first mistake. And accordingly re-instated to duty by imposing a penalty of Rs.1000/-.

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