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 proceedings in Rc.No.28/2021/CS, dt. 05.07.2021 passed by the 4th respondent thereby removed the petitioner from the post of Grama Volunteer working at Cluster No.7 in Yambaram Grama Sachivalayam, Yambaram Grama Panchayat of L.N.Peta Mandal in Srikakulam District without issuing notice, without conducting enquiry and without passing speaking order as illegal, irregular, arbitrary, violative of principles of natural justice, settled principles of service jurisprudence and offends Articles 14 and 21 of the Constitution of India and consequently set aside the proceedings dt. 05.07.2021 and direct the respondents to reinstate the petitioner into service for the said post and pass such other or orders…=

2. The petitioner’s case is that the petitioner was appointed as a Grama Volunteer for Yambaram Grama Sachivalayam, Yambaram Gram Panchayat, L.N.Peta Mandal, Srikakulam District, that the 4th respondent removed him from service vide order R.C.No.28/2021/CS, dated 05.07.2021 stating that he was indulging in corrupt practices and negligent in duties thereby causing delay in supplying government welfare schemes to the families of that cluster. It is his further case that, based on the complaint from the villagers, the Tahsildar and the 5th respondent/Executive Authority-cum-Panchayat Secretary L.N.Peta Mandal, submitted a report dated 01.07.2021 and by relying on the said report, removed the petitioner from his duties by the 4th respondent by issuing orders dated 05.07.2021 and the proceedings of the 4th respondent are politically motivated and is liable to be set aside. Hence, the Writ Petition is filed.

3. Heard Sri Srinivas Ambati, learned counsel for the petitioner and learned Government for Services-II representing respondent Nos.1 to 3 and Sri G.Srinivasula Reddy, 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 05.07.2021 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 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 05.07.2021 seems to have been passed without following the procedure contemplated under law, as such the proceedings dated 05.07.2021 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

101 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.13919 OF 2021 Date: 17.06.2022 SCS