THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.24156 of 2011 ORDER : Heard Sri Jagan Mohan Rao, learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj & Rural Development. This writ petition has been filed assailing the orders of the 1st Respondent-District Collector, Panchayat Raj Wing, Warangal in proceedings No.104/2010/A2-1, dated 25-06-2011, removing him from the office of Sarpanch and the proceedings No.104/2010/A2-2, dated 25-06-2011 directing recovery of certain amounts from the petitioner. The petitioner was the Sarpanch of Kummarigudem Gram Panchayat, Hanmakonda Mandal, Warangal District. The 1st Respondent-Collector initiated proceedings under Section 249 of the Andhra Pradesh Panchayat Raj Act, 1994 basing on the report dated 26-12-2009 of the Divisional Panchayat Officer, Warangal alleging that the petitioner has committed certain irregularities in the discharge of his duties as Sarpanch. A show cause notice dated 04-10-2010 was served on the petitioner seeking explanation as to why he should not be removed from the office and for recovery of the amounts alleged to have been misused. The petitioner could not submit his explanation on the ground that his wife was ailing and that she was taking treatment in a hospital. He, therefore, sought extension of time for submitting the explanation. However, on his failure to submit explanation within ten days, the 1st respondent has passed the impugned orders. The learned counsel for the petitioner submits that the petitioner is not guilty of the irregularities alleged against him and he could have established his innocence if he had been given proper opportunity to defend his case. The learned Government Pleader however submits that even though the petitioner sought only ten days time, the 1st respondent passed the orders on 25-06-2011 only after sufficiently waiting for the reply. Indisputably, the petitioner sought extension of time to submit his explanation. The 1st respondent has not communicated any orders to the petitioner either accepting or rejecting the request. The petitioner had a bona fide reason for not submitting explanation, as his wife was under treatment in a hospital. Section 249(1) of the Act provides that before an order of removal is passed, an opportunity for explanation should be given. I am of the view that considering the facts, the petitioner had no reasonable opportunity to submit his explanation. A perusal of the order further shows that the 1st respondent has passed the order merely reiterating the allegations against the petitioner without independently considering the allegations against him. In the facts and circumstances, the impugned orders are set aside and the matter is remanded to the 1st Respondent for reconsideration. The petitioner shall submit his explanation within two weeks from the date of the receipt of a copy of the order. On receipt of such explanation, the 1st Respondent shall consider the matter afresh and pass appropriate orders in accordance with law. The Writ Petition is accordingly disposed of. No order as to costs. ________________ NOUSHAD ALI, J. 05th September, 2011 Note : Issue C.C. by tomorrow. B/O Skmr THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.24156 of 2011 Date : 05-09-2011 Between : Nallamari Ramesh .. Petitioner and The Collector (Panchayat Wing) Collectorate, Warangal, Warangal District & 3 Others .. Respondents