HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.31143 of 2010 Dated: 22.03.2011 Between: P.KESAVA. ..... PETITIONER AND THE PROJECT DIRECTOR & OTHERS .....RESPONDENTS The Court made the following : HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.31143 OF 2010 ORDER: The writ petition is filed by the petitioner seeking for issuance of writ of mandamus to declare the action of the respondents in continuing the petitioner under suspension since 16.12.2007 in spite of the directions issued by this Court in W.P.No:17326 of 2008, dated 8.8.2008 and in not paying the subsistence allowance as illegal and arbitrary and voilative of Article 14 and 21 of Constitution of India and consequently to set aside the impugned proceedings in Rc.No:S2/3841/EGS/2007, dated 16.12.2007 on the file of the 1st respondent and consequently, to direct the respondents to reinstate the petitioner with all benefits due to him from the date of suspension i.e., 16.12.2007 till the date of reinstatement. The case of the petitioner is that he was initially appointed as Technical Assistant of Porumamilla Mandal, Kadapa District on 28.3.2006 under National Rural Employment Guarantee Scheme and he has been discharging the duties without any complaint. While so, the 1st respondent issued proceedings dated 16.12.2007 keeping the petitioner under suspension basing on the report of the Vigilance Engineer/Programme Officer to the effect that the petitioner recommended duplicate claim i.e., for 2nd time payment to housing basements. Except the suspension order, the petitioner was not given any opportunity even in the enquiry conducted prior to the suspension. He has been continued under suspension till date i.e., for the past 3 years. Questioning the suspension order, dated 16.12.2007, he filed W.P.No:17326 of 2008 and the same was disposed on 8.8.2008 directing the 1st respondent to conclude the proceedings initiated against him within a period of two months. Inspite of the said direction, no enquiry has been initiated and no subsistence allowance has been paid to him. Inspite of the representations dated 30.7.2008, 1.8.2008, 3.9.2008, 27.7.2009, 3.10.2009, 14.7.2010 and 22.8.2010, no action has been taken. Hence, the present writ petition is filed. Heard the learned counsel for the petitioner and the learned Standing counsel. Before going into the merits of the case, the fact that remains undisputed is that the order impugned herein has already been challenged in the earlier writ petition i.e., in W.P.No:17326 of 2008 and the said W.P.17326 of 2008 was disposed of on 8.8.2008 directing the 1st respondent to conclude the proceedings initiated against the petitioner within a period of two months. Since the said order has not been complied with, the present writ petition is filed with the self same relief. If really, the 1st respondent has not complied with the order passed in the earlier writ petition, it is for the petitioner to avail the remedy that is available under law, but not by way of filing another writ petition with the self same relief. Therefore, the present writ petition is not maintainable and thereby, the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. _____________________ Justice G. Chandraiah Dated: 22.03.2011 gurc. HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.31143 of 2010 Dated: 22.03.2011