THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.1422 of 2010 ORDER: The petitioner was elected as Sarpanch of Mallareddypeta Gram Panchayat, Karimnagar District in the year 2006. The District Collector, Karimnagar, 1st respondent herein initiated proceedings under Section 249 of the A.P.Panchayat Raj Act (for short ‘the Act’) against the petitioner. A show cause notice under sub- section (6) thereof was issued requiring the petitioner to explain as to why he shall not be placed under suspension. It was alleged that the petitioner did not account for various amounts spent by the Gram Panchayat. The petitioner submitted his explanation on 10.09.2009. The 1st respondent passed an order dated 17.12.2009 placing the petitioner under suspension for a period of three months. The same is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj. In the ordinary course of things, the petitioner has to avail the remedy of appeal under sub-Section (7) of 249 of the Act, if he feels aggrieved by the impugned order. However, a perusal of the impugned order discloses that the 1st respondent did not take into account the explanation submitted by the petitioner. He has referred the matter to the Divisional Panchayat Officer and the report submitted by the latter was treated as the basis. Though the individual allegations were reproduced in the impugned order, the explanation submitted for them was not at all referred to. Further, it is not evident as to what report the Divisional Panchayat Officer has submitted. The petitioner was not furnished a copy thereof. Under these circumstances, the order of suspension passed by the 1st respondent cannot be sustained din law. The writ petition is accordingly allowed and the impugned order is set aside. It shall however be open to the 1st respondent to continue the proceedings initiated against the petitioner for removal in accordance with law. There shall be no order as to costs. __________ 03.02.2010 Note: Issue C.C. in three days. (B/o) jsu THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.1422 of 2010 Date: 03.02.2010 JSU