IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 23812 of 2009 BETWEEN: Sri. Md. Haneef. ... PETITIONER AND The Sarpanch, Gram Panchayat, Kollapur, Mahabubnagar and three others. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Certiorari, calling for the records from the AP Administrative Tribunal in connection with the order dated 21.07.2009 in O.A.No.5695 of 2004 and by quashing the same allow the OA as prayed for and pass such other relief or reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: DR. P. B. VIJAY KUMAR Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT MR. G. ELISHA The Court made the following: ORDER: (per Hon’ble Sri Justice V. Eswaraiah) The petitioner herein is the applicant before the Andhra Pradesh Administrative Tribunal in O.P.No.5695 of 2004 wherein he questioned the show cause notice issued by the third respondent – District Panchayat Officer, calling upon him to show cause as to why he should not be terminated from service under APCCA Rules 1991 and submit explanation within seven days on the following charges: Charge No.1: - Sri. Md. Haneef at the time of working as Peon at Gram Panchayat Kollapur who is absconding from duty from March 1985 onwards to till now without prior permission and not applying any leave. This is serious lapse on his part liable for disciplinary action. Charge No.2 : - Sri. Md. Haneef, Peon is willfully allowed and encouraged his brother Sri. Abid Ali to work at Gram Panchayat Kollapur in his place without applying leave. Thus he cheated the Government and Public of Gram Panchayat Kollapur since from March 1985 onwards. Charge No.3: - Sri. Md. Haneef has not made any complaint against Sri. Abid Ali, who is working in his place since March 1985, he has colluded with his brother and cheated the Government and Public of Gram Panchayat Kollapur directly as per the records available in his office. 2. The tribunal below passed interim order on 12.10.2004 and ultimately dismissed the OA vacating the said interim order by impugned order dated 21.07.2009. Questioning the same, this writ petition is filed by the petitioner. 3. Learned counsel for the petitioner submits that having framed the aforesaid three charges and without conducting any enquiry, the impugned show cause notice ought not to have been issued straightaway. 4. If the petitioner had any material rebutting the aforesaid three charges that he absconded from duty and that he had put his brother in his place of work, he would have submitted an explanation. As no explanation was submitted, it cannot be said that the order of termination is illegal and unwarranted. However, if the petitioner had disputed the said allegations, he would have asked for an enquiry and thus, an enquiry would have been conducted. Therefore, we do not see any error committed by the tribunal below in dismissing the OA filed by the petitioner. The writ petition is accordingly dismissed. There shall be no order as to costs. ______________ V. ESWARAIAH, J _____________________ VILAS V. AFZULPURKAR, J November 10, 2009 DSK