IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 2953 of 2009 Between: A.Mallapu Raju, S/o. Parvatheesam, Thagarampudi Gram Panchayat, Anakapalle Mandal, Visakhapatna Deputed to Narasayyapeta Gram panchayat, Chodavaram Mandal, Visakhpantam District. ..... PETITIONER AND 1 The District Collector, (Panchayat Wing), Visakhapatnam District 2 The District Panchayat Officer, Visakhapatnam. .....RESPONDENT(S) 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 to issue a writ, order or direction in the nature of Mandamus declaring the action of the Respondents in keeping the petitioner under suspension for than 8 1/2 months from 6-5-2008 without concluding the departmental enquiry within 6 months, and contrary to G.O.Ms.No.679 General Administration (Service - C) Department, dated 1-11-2008 as being illegal, unjust, arbitrary and violative of Articles 14 and 21 of the Constitution of India and G.O.Ms.No.679, General Administration (Ser.C) Department dated 1-11-2008 and be pleased to pass Counsel for the Petitioner:MR.E.V.BHAGIRATHA RAO Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 2953 OF 2009 ORDER: 1. This writ petition has been filed by A. Mallapu Raju assailing the action of the respondents in keeping him under suspension for more than 8 ½ months. 2. When the writ petition came up for admission, learned Government Pleader for Panchayath Raj takes notice on behalf of the Respondents. 3. The disciplinary proceedings came to be issued against the petitioner for misappropriation of Rs.1,06,700/-, 1st respondent issued proceedings Rc.No. 317/2008-A4, dated 6-5-2008, keeping the petitioner under suspension pending enquiry. The Divisional Panchayath Officer has been appointed as Enquiry Officer on 20-10-2008. The petitioner claims to have made an application for furnishing certain documents. It is the contention of the petitioner that he has not submitted written statement in defence because of not furnishing the documents as required by him under letter dated 20-10-2008. 4. The averments in the writ affidavit indicate that the Divisional Panchayath Officer, Visakhapatnam has been appointed as an Enquiry Officer and the petitioner submitted application to the Enquiry Officer on 20-10-2008 to provide him certain copies of the documents. 5. In that view of the matter, the writ petition is disposed of directing the Enquiry Officer to furnish the copies of the documents as practically as possible pursuant to the representation dated 20-10-2008 submitted by the petitioner. 6. With the above direction this writ petition is disposed of at the admission stage. No order as to costs. ____________________________ Justice B.Seshasayana Reddy 17th February, 2009. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 2953 OF 2009 17th February, 2009.