IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 562 of 2009 Between: Mallugari Narsa Goud S/o. Saya Goud R/o. Gambhiraopet Village, Karimnagar District. ..... PETITIONER AND 1 State of Andhra Pradesh Represented by Secretary Panchayat Raj Department, Secretariat, Hyderabad. 2 The Collector (PT. Wing) Karimnagar. 3 The Divisional Panchayat Officer Jagtial Karimnagar District. 4 The Superintending Engineer ( R W S ) Karimnagar. .....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 of Mandamus or any other appropriate writ declaring the proceedings No. A6/5649/2008/Pts, dated 05-01-2009 as arbitrary and illegal and consequently direct the respondents not to interfere with the functioning of the petitioner as Sarpanch of Gambhiraopet Gram Panchayat, Karimnagar District. Counsel for the Petitioner: Mr.K.K.MAHENDER REDDY&PERI PRABHAKAR Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORDER: Petitioner was elected as Sarpanch of Gambhiraopet village, Karimnagar District in the year, 2006. The Government introduced a scheme known as ‘Swajaladhara’ which contemplates the works of water and sanitation in the Gram Panchayat with the contribution of 10% of the cost of the work by the public and sanction of remaining by the Government. The Sarpanchs are conferred with the power to execute the works and to disburse the amounts. The District Collector sanctioned the work estimated at Rs.4,00,000/- for the Gram Panchayat. In the concerned technical data it was mentioned that pipes of 1820 Mts length are to be laid. Bills were paid for that quantity. However, on a physical verification it was found that the length of the pipes is only 829 Mts. It was found that a sum of Rs.1,31,763/- was paid in excess. With these and other allegations, the District Collector-2nd respondent issued a show cause notice to the petitioner on 02-12-2008 directing him to explain as to why necessary action be not taken against him under sub-Section 6 of Section 249 of the A.P.Panchayat Raj Act. Petitioner submitted his explanation on 23-12-2008. On a consideration of the same, the 2nd respondent passed an order, dated 05-01-2009, placing the petitioner under suspension for a period of three months, and the same is challenged in this Writ Petition. 2. Heard Sri K.Mahender Reddy, learned counsel for the petitioner, and the learned Government Pleader for Panchayat Raj and Rural Development. 3. The main ground urged by the petitioner is that the physical verification of the length of the pipelines was caused at a time when his client was not in the village. According to him, if actual measurements are taken, there would not be any discrepancy between the entries in the records and the pipelines in the ground. 4. From a perusal of the explanation submitted by the petitioner, it is not evident that such a ground was urged. Be that as it may, in case, the petitioner is able to establish his innocence in the course of any physical verification, necessary corrective measures can be taken. The order of suspension itself is for a period of three months. This Court is of the view that the ends of justice would be met if the petitioner is given an opportunity to explain the discrepancy, that too, after he hands over the charge in pursuance of the impugned order. 5. Accordingly, Writ Petition is disposed of directing that: a) it shall be open to the petitioner to submit a representation to the 2nd respondent to arrange for physical verification of the works carried out under the scheme and comparison of the same with the entries in the books, immediately after handing over the charge to the Upa Sarpanch as directed in the impugned order. b) On receipt of such representation, the 2nd respondent shall pass necessary orders within one week, enabling or directing the 4th respondent to cause physical verification of the works with reference to the records; and . c) The 4th respondent shall complete such verification within one week from the date of receipt of the orders from the 2nd respondent. The Further action would depend upon the nature of the representation that may be submitted by the petitioner. There shall be no order as to costs. __________________________ L.NARASIMHA REDDY, J 21st January, 2009. Note: Furnish C.C. of the order within three days. B/o Tsy To 1 The Secretary, State of Andhra Pradesh Panchayat Raj Department, Secretariat, Hyderabad. 2 The Collector (PT. Wing) Karimnagar. 3 The Divisional Panchayat Officer Jagtial Karimnagar District. 4 The Superintending Engineer ( R W S ) Karimnagar. 3 2CCs to the GP for Panchayat Raj and Roads & Buildings. 4 2CD copies Form-NIC-OGS/WP{SPJS}