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HON’BLE Mr. JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION Nos. 36663, 36665, 36666 & 36688 of 2022

COMMON ORDER:

For the sake of convenience, the facts in W.P.No.36663 of

2022 are being referred to while disposing of these Writ Petitions by this Common Order.

2. Heard Sri A.K. Kishore Reddy, learned Counsel for the Writ Petitioners; Sri G. Srinivasula Reddy, learned Standing Counsel for ZPP, MPP for Respondent Nos.4 & 5 and learned Assistant Government Pleader for Village and Ward Secretary for Respondent No.1 to 3.

3. Writ Petitioner is a Village Volunteer working under Respondent Nos.4 & 5. It is his case that the Respondents have issued Proceedings bearing Rc.No.A/25/2022 dated 29.10.2022 terminating the Writ Petitioner from the service of Village Volunteer. The said Proceedings referred to the Memos dated 05.09.2022 and 14.09.2022, the Enquiry Report of the Enquiry Officer (PR & RD), Mandal Praja Parishad, Yeleswaram and also the Show Cause Notice bearing Proceeding Rc.No.A/25/2022 dated 25.10.2022, the Show Cause Notices dated 29.10.2022 and 25.10.2022 contains allegations against the Writ Petitioner to the effect that he has been discharging his duties negligently and irresponsibly and that the prospective beneficiaries of the Government Schemes have not been receiving the benefits under the Scheme at the behest of the Writ Petitioner.

4. It is submitted by the Counsel for the Writ Petitioners that the said Show Cause Notice does not refer to any specific instances as to the individual Villagers who have in fact complained having been aggrieved of the careless and negligent working of the Writ Petitioner. It is further submitted that the allegations/charges framed against the Writ Petitioner in the Show Cause Notice are as ambiguous as they can be. The Explanation given by the Writ Petitioner is exactly in response to the Show Cause Notice only to state that he has been discharging his duties diligently.

5. Sri G. Srinivasula Reddy, learned Government Pleader for Respondent Nos.4 and 5 has drawn the attention of this Court to the contents of the Counter Affidavit including the material documents. The attention of this Court was drawn to the complaints lodged by one Karri Appala Narasimha Rao dated 24.08.2022 and 08.09.2022, wherein, it has been stated that the Village Volunteer namely the present Writ Petitioner has used abusive language and against the Complainant and threatened that he will ensure that the complainant’s family will not receive the benefits of the Scheme. It is also stated in the Complaint that the Writ Petitioner is responsible for not getting the benefit under the Scheme called ‘Amma Vodi’.

6. When this Court perused the Show Cause Notice, it is noticed that the none of these specific Complaints of the Villagers were served on the Writ Petitioner vide Show Cause Notice dated 29.10.2022.

7. This Court notices that the Reply given by the Writ Petitioner in a general manner is exactly a response to the Show Cause Notice which did not contain any specific allegation nor was any specific complaint of the individual Villagers been served along with the Show Cause Notice.

8. Unless the Writ Petitioner is put to notice as regards specific Complaints/Grievances made by the Villagers, the Writ Petitioner could not have responded to the specific grievances made by the Villages. It is surprising to note that though the specific complaints of the Villagers were referred to in every Departmental Communication/Proceedings (between the Authorities) that were contemplated for initiating action against the Writ Petitioner, these complaints were neither referred to in the Show Cause Notice nor were furnished to the Writ Petitioner.

9. The Enquiry Report prepared against the Writ Petitioner was by taking into consideration the specific complaints of the Villagers on one hand, and also by considering the ambiguous answers given by the Writ Petitioner to the ambiguous charges made against the Writ Petitioner on the other hand appears to be a sham proceeding.

10. In this view of the matter, the Proceedings which are initiated ag

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