IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.13697 OF 2011 Date:12.07. 2011 Between:- K.Sekhar ... Petitioner And The District Collector and others. ... Respondents THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.13697 OF 2011 ORDER: This Writ Petition is filed seeking to declare the action of the respondents in not permitting the petitioner to attend the duties as Field Assistant without any notice or opportunity and without there being any order of termination/suspension, as arbitrary and illegal and consequently, direct the respondents to retain and continue the petitioner as Field Assistant with all consequential benefits. 2. The case of the petitioner is that he was appointed as Field Assistant under NREGS (AP) with effect from 01.04.2006 in Sri Kavarajupuram Gram Panchayat, Palasamudram Mandal, Chittoor District. After some time, by proceedings Roc.No.A/80/2006, dated 28.12.2006, respondent No.3 terminated the petitioner in order to accommodate one Sri Selvaraju of the same Village in his place. The petitioner was terminated without giving any prior notice or opportunity. As per the resolution of the Grampanchayat, dated 16.12.2007, the petitioner was re-appointed as Field Assistant of Sri Kavarirajupuram. Since the Field Assistant of Palasamudram Village was removed, the petitioner was directed to discharge duties of Field Assistant of Palasamudram Village also. He discharged the duties as Field Assistant of Palasamudram Village for the period from 30.09.2010 to 10.10.2010. During that period, the social audit team conducted inspection in Palasamudram Village and submitted its report. In the said report, the social audit team alleged that the silt application was not done in the land of three farmers. Thereafter, without issuing any notice, respondent No.2 directed the petitioner to appear for enquiry on 30.11.2010. The petitioner appeared for enquiry on 30.11.2010, without knowing the fact for what purpose he was asked to appear for enquiry. During the course of enquiry respondent No.3 recorded the statements of two farmers. The petitioner worked in Palasamudram Village only for three months and he is not the native of that Village and the concerned Technical Assistant is responsible for the same. Therefore, the action of respondent No.3 in preventing the petitioner from attending the duties without there being any order of removal/suspension and without any prior notice or opportunity is illegal and arbitrary. Hence, the Writ Petition. 3. Learned counsel for the petitioner contended that without conducting any enquiry or without passing any order of termination, respondent No.2 preventing the petitioner from attending to duties with an intention to accommodate some one in the place of him and hence, he prays to set aside the impugned proceedings. 4. On the other hand, learned counsel for the respondents contended that the petitioner attended the enquiry pursuant to the notice, dated 11.10.2010, and hence, there are no grounds to interfere with the impugned proceedings. 5. In pursuance of an enquiry, no orders have been passed by respondent No.2. Therefore, appropriate decision has to be taken by respondent No.2 in accordance with law on the report of Enquiry Officer. 6. Hence, the Writ Petition is disposed of with a direction to respondent No.2 to take appropriate decision in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ______________________ JUSTICE K.C.BHANU JULY 12, 2011 YVL