THE HON'BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.22977 of 2011 ORDER : Heard Sri Vijay Kumar Herur, learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj & Rural Development appearing on behalf of the Respondents. The petitioner who has suffered an order of dismissal from the Office of Sarpanch has filed this writ petition, assailing the orders passed by the 1st Respondent-State Government in Memo No.18386/PTS.II/A2/2011-1, dated 11-08-2011. The petitioner is Sarpanch of Rampally Gram Panchayat. He was served with a show cause notice dated 01-04-2011 framing eight charges relating to misappropriation of Gram Panchayat funds and incurring the expenditure without approval from the concerned authorities. On a consideration of the explanation, the District Collector- 2nd Respondent herein exonerated the petitioner from the charges at serial Nos.4, 5, 6 & 7 and found him guilty in respect of charges 1, 2, 3 & 8. Aggrieved by the said order, the petitioner preferred statutory appeal under Section 249 (7) of the Andhra Pradesh Panchayat Raj Act, 1994 to the State Government along with a petition for stay. The State Government has taken the appeal on file and issued impugned proceedings dated 11-08-2011. Aggrieved by the said order, the present writ petition is filed. Sri Vijay Kumar Herur, learned counsel for the petitioner, submits that the petitioner has not committed acts of misappropriation nor is he guilty of any violation of the provisions of the Panchayat Raj Act. It is stated that the petitioner spent the amounts for the benefit of the public and if the expenditure was incurred without the approval of the concerned authorities, it might be a technical lapse and the petitioner cannot be removed for technical lapses. It is further submitted that the petitioner is a semi-literate who is not well acquainted with the legal requirements in incurring the expenditure and that he was not properly guided by the Panchayat Secretary. Thus, according to the petitioner the order of the District Collector dated 01-08-2011 removing him from the office is not legal. It is further submitted that the State Government having entertained the appeal ought to have considered the prima facie case in favour of the petitioner and granted interim orders before calling for the remarks and records from the District Collector. Admittedly, the petitioner has preferred statutory appeal assailing the orders of the District Collector dated 01-08-2011 and the same is pending consideration before the State Government. I am therefore not inclined to express any opinion on the merits of the case. The petitioner can as well appear before the Government and defend his case. A perusal of the impugned proceedings show that the State Government, even though has taken the appeal on record, has not considered the application of the petitioner for stay as per Section 249 (7) of the Andhra Pradesh Panchayat Raj Act. An aggrieved party is entitled to approach the State Government against an order of removal passed by the District Collector and the State Government is competent to stay the order appealed against pending decision on the appeal. In the instant case, indisputably the petitioner has sought for the stay of the orders. Therefore, in the light of the provisions of Section 249 (7) it is incumbent on the part of the State Government to consider the stay petition and pass appropriate orders. A perusal of the order however shows that the State Government has not passed any orders and on the other hand deferred the consideration of the stay petition and called for the records from the District Collector. In the circumstances, the impugned order insofar as it has directed deferring the consideration of the stay petition without passing an order is not sustainable and it is accordingly set aside. Accordingly, the 1st Respondent-State Government is directed to consider the stay petition filed by the petitioner against orders dated 01- 08-2011 passed by the 2nd Respondent and pass appropriate orders in accordance with law. Inasmuch as the appeal is scheduled to be heard on 20-08-2011, if on the said date the appeal is not heard, the State Government shall pass orders at least on the stay petition. The Writ Petition is accordingly disposed of. No costs. ________________ NOUSHAD ALI, J. 16th August, 2011. Note : Issue C.C. by tomorrow. B/O skmr THE HON'BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.22977 of 2011 Date : 16-08-2011 Between : Shri A. Ramulu .. Petitioner and The Government of Andhra Pradesh, rep. by its Principal Secretary, Panchayat Raj & Rural Development (Pts.II) Department, (Appellate Authority under P.R. Act), Secretariat, Hyderabad & another .. Respondents