The Court disposed of a writ petition challenging removal from service. It held the petitioner could avail an appeal remedy, and thus dismissed the writ without sitting as appellate authority.
Writ petition dismissed. Petitioner directed to approach District Collector within four weeks of the order without raising limitation objection.
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 SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.23389 of 2011
ORDER:
The petitioner was appointed as Field Assistant for Chinnagollapalle Village, T.Sundupalle Mandal, Kadapa District. A showcause notice was issued on 04-11-2010 alleging that the petitioner misappropriated certain amount. The petitioner submitted his explanation on 16-11-2010. The 2nd respondent passed an order, dated 28-12-2010 removing the petitioner from service as Field Assistant. The same is challenged in this writ petition.
Heard the learned counsel for the petitioner and the learned Standing Counsel for the 2nd respondent.
This is not a case where the services of the petitioner were terminated without any notice. The order itself refers to the show-cause notice issued to the petitioner and the explanation submitted by him. This Court cannot sit as an appellate authority, where the order was passed considering the explanation of the petitioner. If the petitioner is so advised, he can avail the remedy of appeal to the District Collector. The appellate authority can call for the record and arrive at its own conclusions.
Hence, the writ petition is disposed of, leaving it open to the petitioner to avail the remedy of appeal before the District Collector. The appeal shall be entertained without raising any objection as to the limitation, if it is presented within four weeks from today. There shall be no order as to costs.
Note:
___________ 23-08-2011
Issue C.C. in one week (B/o) Prv
3 issues framed by the court
Whether the Court should interfere in an order of removal from service that was passed after considering the employee's explanation.
Whether the petitioner is entitled to dismissal of the writ petition and directed to pursue appeal remedy before the appellate authority.
Whether no order as to costs should be passed in this writ petition.
Petitioner
Respondent 2
L. Narasimha Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
