HON’BLE SRI JUSTICE V.ESWARAIAH W.P.No.2474 of 2006 Dt.28.4.2006 Between: Koonapureddi Veera Babu … Petitioner And The District Collector (P.W.), Krishna at Machilipatnam and another …Respondents ORDER: Petitioner questions the action of the first respondent in issuing the suspension order Roc.No.2865/2005, Panchayat-4, dt.25.1.2006 is illegal and arbitrary and consequently direct the respondents to continue the petitioner as Sarpanch of Mumjuluru village, Bantumilli Mandal, Krishna District. The case of the petitioner is that the petitioner has been elected as Sarpanch of Mamjuluru Gram Panchayat in the month of August, 2001 and the petitioner did not commit any irregularities or misappropriation of any funds. While so, even without verifying the measurements recorded in the M-Book and without verifying the relevant records, show cause notice dt.27.10.2005 has been issued calling upon the petitioner as to why the petitioner shall not be suspended for a period of three months and pending final orders the cheque power has been withdrawn. It is stated that the petitioner filed his explanation on 9.11.2005 admitting his custody with regard to the panchayat records stating that the amounts withdrawn by him could not be executed due to rains and the said amounts were remitted back. It is stated that an amount of Rs.44,106/- was drawn as advance amount. Though it is stated he has executed certain works and the remaining works have been completed and passed valuation certificate by the concerned Deputy Executive Engineer, Panchayat Raj, Bandar stating that the value of the work done and value of the materials for the following works noted against each work: S.No. Name of the work Value of the work done 01 Construction of Kitchen shed in M.P. Elementary School and ManjuluruEst. Rs.25,000/- Rs.22,000/- 02 Providing G.S.B to he road from R&B andTo Harijanawada of ManjuluruEst. Rs.50,000/- Value of received materialsRs.40,000/- 03 Providing G.S.B. to the road from B.Suri babu House to P.Venkataswami house in Munjuluru Rs.60,000/- It is the case of the petitioner that there is no misappropriation of funds. But, in spite of filing the explanation, the petitioner has been suspended by the first respondent vide proceedings in Roc.No.2865/2005, Panchayat-4, dt.25.1.2006. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Panchayat Raj on behalf of the respondents. Having regard to the facts and circumstances of the case, the first respondent is directed to verify the works executed by the petitioner from the relevant records as well as the M-Book and consider the explanation submitted by the petitioner and pass appropriate final orders within a period of four weeks from the date of receipt of a copy of this order. The writ petitioner is accordingly disposed of. No costs. _________________ V.ESWARAIAH, J. 28.4.2006 kpr