THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.515 of 2010 Dated:25.01.2010 Between: Guvvala Bhavani .. Petitioner And The Collector (Panchayat Wing), Karimnagar District, Karimnagar and others .. Respondents THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.515 of 2010 ORDER: The petitioner was elected as Sarpanch of Muthunoor Gram Panchayat, Velgatoor Mandal, Karimnagar District. A show-cause notice was issued to her on 17.12.2009 under Section 249(6) of the Andhra Pradesh Panchayat Raj Act (for short ‘the Act’), by the Collector (Panchayat Wing), Karimnagar District, requiring her to explain as to why necessary action should not be taken against her for the violation mentioned therein. It was alleged that the petitioner has misappropriated the funds of the Gram Panchyat under different heads. The petitioner did not submit any explanation. After perusal of the record and taking note of the fact that the petitioner failed to give explanation, the 1st respondent passed an order dated 12.01.2010 placing the petitioner under suspension for a period of three months under Section 249(6) of the Act. The same is challenged in this Writ Petition. Learned counsel for the petitioner submits that his client received a show-cause notice dated 17.07.2008 from the District Panchayat Officer, in which it was proposed to withdraw the cheque drawal powers of the petitioner and explanation was submitted thereto. He contends that since the subject matter of both the show- cause notices is same, no explanation was submitted to the show- cause notice dated 17.12.2009, and the relevant facts are brought to the notice of the concerned authorities. He submits that the main ground on which the impugned order was passed is that the petitioner did not account for Rs.85,421/- and in fact there existed Gram Panchayat resolution for incurring that expenditure and that the necessary entries are made in the M.B. books. Learned Government Pleader for Panchayat Raj submits that the petitioner has failed to respond to the show-cause notice, and that the 1st respondent was left with no other alternative except to pass the impugned order. Section 249 of the Act confers powers on the District Collector to initiate proceedings against the Sarpanch, in case any violations are noticed. Sub Section (6) thereof empowers the Collector to place the Sarpanch under suspension. However, before an order is passed, a show-cause notice is required to be issued. The 1st respondent, the Collector (Panchayat Wing), issued a show-cause notice dated 17.12.2009 to the petitioner pointing out various financial irregularities. It is not in dispute that the petitioner did not submit explanation to the said show-cause notice. The fact that the petitioner had responded to the show-cause notice dated 17.07.2008 issued by the District Panchayat Officer under a different provision does not relieve the petitioner from the obligation to submit explanation to the show-cause notice issued by the 1st respondent. The petitioner is not able to point out any jurisdictional error in the impugned order. Therefore, this Court is not inclined to interfere with the same. However, by its very nature, the suspension pending inquiry is provisional in nature and in case the petitioner is able to satisfy the 1st respondent that she did not misappropriate any amount, the latter can certainly consider the feasibility of revising his earlier order. Much, however, would depend upon the satisfaction of the 1st respondent. Even now the petitioner can place necessary material and explanation before the 1st respondent. The Writ Petition is disposed of, leaving it open to the petitioner to submit her explanation and place the material with reference to the allegations contained in the show-cause notice dated 17.12.2009. As and when the petitioner submits such explanation and material, the 1st respondent shall pass appropriate orders thereon within a period of two weeks from the date of submission. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J Dated: 25.01.2010 Note: Furnish C.C. in three days. (B/o) KH