IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 4955 of 2008 Between: G.Narayana S/o.Narsaiah R/o.Patha Yellapur village Khanapur Mandal Adilabad District ..... PETITIONER AND The Collector (Panchayat Wing) Adilabad District, Adilabad .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to call for records relating to the impugned proceedings of the respondent bearing proceedings No.102/K.2 Pts/2008 dated 29.2.2008 in placing the petitioner under suspension as Sarpanch Patha yellapur village, Khanapur Mandal, Adilabad District and set aside the same by holding it as illegal, and in violation of principles of natural justice and in consequence thereof to direct the respondent to continue the petitioner as Sarpanch of Patha yellapur village, Khanapur Mandal, Adilabad District by issuing a writ order or direction more particularly in the nature of writ of mandamus and to pass Counsel for the Petitioner: MR.V.V.NARASIMHA RAO Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 4955 of 2008 O R D E R: Petitioner is the Sarpanch of Patha Yellapur Grampanchayat, Khanapur Mandal, Adilabad District. The first respondent-District Collector, in exercise of powers conferred under section 249 (6) of the A.P.Panchayat Raj Act, 1994 (for short ‘the Act’), placed the petitioner under suspension pending enquiry into alleged misuse of TFC and general funds. Aggrieved by the said order dated 29-02-2008, this writ petition has been filed. Though various grounds have been raised assailing the impugned order, having regard to the fact that the impugned order is only an order of suspension pending enquiry, and as per the 2nd proviso to Section 294(6) of the Act, the total period of suspension shall not exceed six months, I am not inclined to express any opinion on merits nor it is necessary to interfere with the impugned order of suspension. It is also relevant to note that subsequent to the impugned order dated 29-02-2008, the Divisional Panchayat Officer has been appointed as Enquiry Officer and the learned counsel for the petitioner states that after making the necessary enquiry, he has already submitted the enquiry report dated 21-05-2008. In the circumstances, without expressing any opinion on merits, I deem it appropriate to dispose of the writ petition with a direction to the first respondent to consider the enquiry report submitted by the Enquiry Officer as well as the other relevant material and to pass appropriate orders in accordance with law as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order. No costs. ______________ G. ROHINI,J Date: 10-06-2008 KLP