ORDER:

The present Writ Petition is filed for the following relief:-

<…to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the orders in R.C.No.B/120/2018, dt. 31.05.2021 passed by the 2nd respondent and the consequential orders passed by the 3rd respondent in Rc.No.A5/2021, dated 01.06.2021 is illegal, arbitrary and without jurisdiction besides violation of principles of natural justice and to consequently set aside the same and further direct the 2nd respondent to restore the services of the petitioner along with back wages and to pass such other or further orders…=

2. The petitioner’s case is that the petitioner was appointed as a Village Volunteer in Rajavaram Secretariat, Rajavaram Village, Routhulapudi Mandal, East Godavari District. The 3rd respondent removed him from service vide order R.C.No.A5/2021, dated 01.06.2021 stating that he was not functioning properly and negligent in duties, thereby causing delay in supplying government welfare schemes to the families of that cluster. Basing on the complaint given by the Sarpanch, an FIR.No.64/2021, dated 02.05.2021 was registered against him in Kotananduru Police Station, and therefore, the orders in R.C.No.B/120/2018, dt. 31.05.2021 was passed by the 2nd respondent/Mandal Praja Parishat Officer directing the Panchayat Secretary to remove the petitioner from the duties and accordingly the impugned order R.C.No.A5/2021, dated 01.06.2021 was passed by the Panchayat Secretary. The order passed by the 3rd respondent is politically motivated and is liable to be set aside. Hence, the Writ Petition is filed.

3. Heard Sri V.V.Satish, learned counsel for the petitioner and learned Government for Services-II representing respondent No.1 and Sri G.Srinivasula Reddy, learned Standing Counsel for respondent Nos.2 and 3.

4. Learned counsel for the petitioner in elaboration to what has been stated in the affidavit contended that without proper enquiry and without giving any opportunity to the petitioner herein, a report was submitted against the petitioner and basing on the report, the petitioner was terminated from the service, as such the said termination is bad in the eye of law and the proceedings dated 01.06.2021 cannot be sustained, as the same is passed without any notice and without asking any explanation from the petitioner.

5. On the other hand, the learned Standing Counsel stated that in paragraph Nos.3 and 4 of the counter affidavit, there are complaints against the petitioner and the petitioner has neglected his duties as Grama Volunteer, as such the petitioner cannot be continued in the service.

6. No reason whatsoever is forthcoming from the respondents, as to why notice has not been served on the petitioner before passing the impugned proceedings.

7. Taking into consideration the facts and circumstances of the case and material available on record, the impugned proceedings dated 01.06.2021 seems to have been passed without following the procedure contemplated under law, as such the proceedings dated 01.06.2021 is unsustainable and accordingly the same is set aside, leaving it open to the respondents to conduct enquiry, if so advised after giving an opportunity to the petitioner. Till such exercise is completed, petitioner shall be continued in service. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

________________________ JUSTICE RAVI CHEEMALAPATI Date: 17.06.2022 SCS

102 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.11333 OF 2021 Date: 17.06.2022 SCS