THE HON’BLE MS. JUSTICE G.ROHINI Writ Petition No.18939 of 2009 (Dated : 09-09-2009) Between: Ch.Satyanarayana Murthy S/o Srirama Murthy R/o D.No.8-144, Uppada Kothapalli village, Kothapalli Mandal, East Godavari District. …Petitioner A n d The State of Andhra Pradesh, rep. by the District Collector, East Godavari District at Kakinada and others ….Respondents THE HON’BLE Ms. JUSTICE G.ROHINI Writ Petition No.18939 of 2009 ORDER: The petitioner herein is working as a Technical Assistant in the office of the Mandal Parishad Development Officer, Uppalaguptam Mandal. The third respondent issued a notice dated 13.6.2009 alleging that the petitioner had absented from his duties from 28.5.2009 and that he had also failed to submit the reports to the Project Officer, Rampachodvarm, and accordingly calling upon the petitioner to submit his explanation as to why his services as Technical Assistant should not be terminated. The petitioner states that in response to the said notice, he submitted his explanation denying all the allegations. The material placed before this Court shows that the petitioner’s explanation was received in the office of the third respondent on 13.7.2009. Thereafter, though no further order is passed, the salary of the petitioner has not been paid with effect from 01.6.2009. That apart, the third respondent, by letter dated 19.8.2009, informed the 5th respondent-Mandal Parishad Development Officer, Uppalaguptam Mandal to take steps for service of show-cause notice dated 13.6.2009 by affixture at his residence. It is also added that in case the petitioner is not available in the address given by him in the profile, F.I.R shall be filed in the police station and then a copy of the F.I.R shall be forwarded to the third respondent for taking further action. Aggrieved by the same, the present writ petition is filed contending inter alia that the action of the third respondent in issuing the proceedings dated 19.8.2009 ignoring the reply already submitted by the petitioner on 13.7.2009, is arbitrary and illegal. As could be seen from the material on record, the show cause notice dated 13.6.2009 was served on the petitioner in person and in response thereto, he has already submitted his explanation on 13.7.2009. Under the circumstances, without considering the said explanation, no coercive steps can be initiated against the petitioner. Accordingly, there shall be a direction to the third respondent not to take any coercive steps against the petitioner without considering the explanation submitted by him on 13.7.2009. Having regard to the specific allegation that the petitioner has not been paid the salary from 01.6.2009 onwards, there shall also be a direction to the respondents to release the salary to which the petitioner is entitled to, as per law. The Writ Petition is accordingly disposed of. No costs. _____________ G.ROHINI, J 09th September 2009 Note:- Issue C.C in 2 days (B/o)RAR THE HON’BLE Ms. JUSTICE G.ROHINI Writ Petition No.18939 of 2009 DATED : 09-09-2009