THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.22717 of 2010 Date : 1-11-2010 Between : Nimmalapudi Rama Krishna s/o.Subba Raju .. Petitioner and Government of Andhra Pradesh, Represented by its Commissioner, Panchayat Raj & Rural Development Department, Secretariat buildings, Hyderabad and others .. Respondents Counsel for petitioner : None Counsel for respondent Nos.1 to 5 : Assistant Government Pleader for Panchayat Raj Counsel for respondent No.6 : Sri Jithender Rao Veeramalla The Court made the following : ORDER: This Writ Petition is filed for a mandamus to declare the inaction of respondent Nos.2 to 5 in holding enquiry against respondent No.6 into serious illegalities committed by him as illegal and arbitrary. The petitioner sought for a direction to respondent No.2 to get the enquiry held by respondent No.7 and take appropriate action against respondent No.6. At the hearing, there is no representation for the petitioner. I have heard the learned Assistant Government Pleader for Panchayat Raj representing respondent Nos.1 to 5 and Sri Jithender Rao Veeramalla, learned counsel for respondent No.6. The petitioner who is in-charge Sarpanch of Rajavolu Gram Panchayath, Rajahmundry Rural Mandal, East Godavari District, submitted representations on 13-11-2009, 11-6-2010 and 13-7-2010 to respondent Nos.2 and 3 with a request to them to conduct enquiry and take action against respondent No.6 for committing several illegalities and irregularities. On the said representations, respondent No.5 was stated to have issued a notice of enquiry to respondent No.6. However, the petitioner alleged that on account of collusion between the said two respondents, enquiry is not being held and no action is being taken against respondent No.6. The District Collector, East Godavari District, Kakinada – respondent No.2, filed a counter affidavit wherein it has been inter alia stated that on the representation submitted by the petitioner, the District Panchayat Officer, East Godavari, directed the Divisional Panchayat Officer, Rajahmundry to conduct enquiry and submit a report vide his letter dated 19-6-2010. When notice of enquiry was given by the Enquiry Officer, the petitioner has made an oral request for postponement and that accordingly the enquiry was postponed to 11-8-2010 on which date it was again postponed due to absence of the petitioner. Notice dated 23-8-2010 issued fixing 28-8-2010 as the date of enquiry was refused to be received by the petitioner. It is further stated that the Divisional Panchayat Officer has conducted enquiry and thereafter the petitioner has submitted another representation on which the Divisional Panchayat Officer has proposed to conduct further enquiry on 18-9-2010. The petitioner allegedly made a written request to postpone the enquiry as he was suffering from illness and that on 28-9-2010 when the enquiry was held by the Divisional Panchayat Officer, the petitioner has attended the same and given his written statement. It is further stated that the official report of the Enquiry Officer –Divisional Panchayat Officer, Peddapuram, is yet to be received by him. At the hearing, the learned Assistant Government Pleader for Panchayat Raj, on further instructions, submitted that after receipt of preliminary report, respondent No.2 has constituted three teams to verify the records and submit their respective reports and that on completion of the said process, respondent No.2 will pass an appropriate order. In the light of the above facts, the Writ Petition is disposed of with a direction to respondent No.2 to ensure that the enquiry initiated is completed early and appropriate order is passed in accordance with law on the basis of the report that may be submitted by the teams constituted by him after giving sufficient opportunity of hearing to respondent No.6. He shall complete this exercise within a period of three months from the date of receipt of a copy of this order. As a sequel to disposal of the Writ Petition, WPMP No.28974/2010 is disposed of as infructuous. ___________________________ C.V. NAGARJUNA REDDY.,J Date : 1-11-2010 AM