ORDER:

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

<…to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the orders passed by the 3rd respondent in R.C.No.202/2020/A, Dt: 02.06.2021 removing the petitioner from village volunteer services without issuing any notices or called for any explanation, is against the principles of natural justice, highly illegal, arbitrary, and consequently directing the respondent No.3 to allow the petitioner to continue as Village Volunteer, Kondayapalem Boggaram village, Ipur Mandal and pass such other or further orders…=

2. The petitioner’s case is that the petitioner was appointed as a Village Volunteer for Kondayapalem Secretariat Boggaram Village and the 3rd respondent removed her from service vide order R.C.No.202/2020/A, dated 02.06.2021 stating that she was not functioning properly and absenting from the duties thereby causing delay in supplying government welfare schemes to the families of that cluster, based on the complaint from the villagers, the Extension Officer, PR & RD, Ipur, submitted a report to the effect that she has not attended the duties from 27.05.2021 and basing on the report, the 3rd respondent removed the petitioner from service under impugned orders and the orders passed by the 3rd respondent is politically motivated and is liable to be set aside. Hence, the Writ Petition is filed.

3. Heard Sri P.V.S.K.Chakravarthy, learned counsel for the petitioner and Sri G.Srinivasulu Reddy, learned Government for Panchayat Raj representing respondent Nos.1 to 3 and learned Standing Counsel for respondent Nos.4 and 5.

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 02.06.2021 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 No.3 of the counter affidavit, there are complaints against the petitioner and the petitioner has neglected her duties as Village 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 02.06.2021 seems to have been passed without following the procedure contemplated under law, as such the proceedings dated 02.06.2021 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 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.11854 OF 2021 Date: 17.06.2022 SCS