IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.17678 OF 2011 Between: Kosuru Kannayya ..... Petitioner AND The District Collector & D.P.C. NREG Scheme, East Godavari District, Kakinada & 3 others ..... Respondents The Court made the following: HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.17678 OF 2011 ORDER: The present Writ Petition is filed seeking to declare the action of the second respondent in terminating the petitioner from the services as Computer Operator-cum-Accounts Assistant through the proceedings No.E/69/EGS/DWMA/10, dated 25.11.2010, as without jurisdiction, without any authority, illegal, arbitrary and in violation of Articles 14 and 16 of the Constitution of India and consequently direct the respondents to continue the petitioner in service as Computer Operator-cum-Accounts Assistant. Addateegala Mandal, East Godavari District by suspending the above proceedings. 2. The brief facts that are necessary for the disposal of this Writ Petition are as follows: The petitioner herein is working as Computer Operator-cum- Accounts Assistant from 09.09.2007. He was appointed by Society for Rural Development Services on contract basis and his services were placed with the Rural Development Department in Addateegala Mandal in the Central Government framed scheme for development of Rural Villages in the name of National Rural Employment Guarantee Scheme (for short, “NREGS”) which is implemented by the State Government through out the State, and continued in service. The first respondent is the Chairman of NREGS and the second respondent is implementing the scheme. A show cause notice was issued to the petitioner and 2 others by the second respondent on 22.05.2010 alleging misappropriation of an amount of Rs.21,060.00 and informed that he is suspended from the duties temporarily from 23.05.2010 without giving opportunity to the petitioner for giving reply to the said show cause notice. The petitioner submitted his explanation to the show cause notice, dated 22.05.2010, on 08.06.2010. The respondents appointed the third respondent as an Enquiry Officer on 13.08.2010. Basing on the report given by the third respondent, the second respondent has terminated the services of the petitioner vide proceedings No.E/69/EGS/DWMA/10, dated 25.11.2010. The petitioner filed representation in the form of Appeal to the first respondent i.e., the District Collector, Kakinada, on 10.12.2010, but no action has been taken by the respondents for restoration of the petitioner’s job. 3. Heard Sri M.A. Khader, learned counsel for the petitioner, learned Government Pleader for Panchayat Raj and Rural Development for respondents 1 to 3 and Sri M. Subrahmanyam, learned counsel for the 4th respondent. 4. Admittedly, against the order of termination of services of the petitioner, an appeal is filed before the first respondent i.e., the District Collector, on 10.12.2010 and the first respondent has to pass appropriate orders in the appeal. Therefore, the petitioner cannot be permitted to prosecute two parallel proceedings in respect of the same cause of action or for the same misconduct. 5. Hence, the Writ Petition is disposed of directing the first respondent to dispose of the appeal of the petitioner, dated 10.12.2010 within a period of six (6) weeks from the date of receipt of copy of this order, provided the appeal is pending with the first respondent. There shall be no order as to costs. ______________ (K.C.BHANU, J) Dated: 27th June, 2011. KL HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.17678 OF 2011 27th June, 2011 KL