IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 20426 of 2008 Between: Olipalli Suri Babu S/o Surya Rao, Sarpanch of Ippanapadu Gram Panchayat, Mandapet(M) East Godavari District ..... PETITIONER AND 1 The State of Andhra Pradesh rep.by its Principal Secretary to Medical & Health Department Secretariat,Saifabad,Hyderabad 2 The District Collector East Godavari District at Kakinada 3 The District Medical & Health Officer East Godavari District at Kakinada .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not initiating any action on the representation dt.22-02-2008 submitted by the Villagers Ippanapadu (V) and petitioner to curb grave irregularities being committed by Smt.S.V.Rama Devi Multi purpose Health Assistant(Female) as illegal, irregular arbitrary violative of Rights of Life as guaranteed under Article 21 of the Constitution of India and consequently direct the respondents to initiate immediate action to prevent any irregularities being committed in Sub-Centre Ippanapadu of Dawarapudi primary Health Centre,East Godavari District. Counsel for the Petitioner: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : ORDER: This writ petition has been ﬁled by Olipalli Suri Babu, assailing the inaction on the complaint ﬁled against one S.V. Rama Devi, Multi Purpose Health Assistant (Female) at Ippanapadu Sub-Centre of Dwarapudi Primary Health Centre, East Godavari District. The petitioner claims to be the Sarpanch of Ippanapadu Grampanchayat, Mandapet Mandal, East Godavari District. One S.V. Rama Devi is working as Multi Purpose Health Assistant (Female) at Ippanapadu Sub-Centre of Dwarapudi Primary Health Centre in East Godavari District. It is the contention of the petitioner that Smt. S.V. Rama Devi was not attending to any medical or para-medical services. Therefore, he submitted representation on 22.02.2008 to the District Medical and Health Oﬃcer, East Godavari District complaining that Smt. S.V. Rama Devi is not attending to her duties properly. Heard learned counsel appearing for the petitioner and learned Government Pleader for Medical Health and Family Welfare appearing on behalf of the respondents. When a complaint is lodged against an employee detailing certain lapses, discretion vests upon the employer as to what sort of action to be initiated. Invocation of jurisdiction under Article 226 of the Constitution of India, in the given facts and circumstances of the case is misconceived. Accordingly, the Writ Petition is dismissed at the admission stage. _________________________ (B. Seshasayana Reddy, J.) 19th September, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of Andhra Pradesh rep.by its Principal Secretary to Medical & Health Department Secretariat,Saifabad,Hyderabad 2 The District Collector East Godavari District at Kakinada 3 The District Medical & Health Officer East Godavari District at Kakinada 4 2 CCs to G.P. for Medical Health and Family Welfare, High Court of A.P. Hyderabad.(OUT) 5 2 CD copies.