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.17595 OF 2011 Between: Kolla Sammaiah ..... Petitioner AND The State, Rep. by the District Collector, Warangal & 2 others ..... Respondents The Court made the following: HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.17595 OF 2011 ORDER: The present Writ Petition is filed to declare the action of the third respondent in issuing the impugned suspension order, dated 25.05.2010, vide proceedings Rc.No.40/MNREGS/Nekkonda/10 without notice and due process of law as illegal, arbitrary and against the principles of natural justice and consequently direct the respondents to continue the petitioner as a Field Assistant, Panikara Village, Nekkonda Mandal, Warangal District, as per the rules of Andhra Pradesh Rural Employment Guarantee Scheme (for short, “A.P.R.E.G.S”) . 2. The brief facts that are necessary for the disposal of this Writ Petition are as follows: The petitioner, who is a physically handicapped person, was appointed as Field Assistant of Panikara Village, Nekkonda Mandal in A.P.R.E.G.S in the year 2006. On 25.05.2010, the third respondent i.e., Mandal Parishad Development Officer, Nekkonda, issued a suspension order under the political leader’s influence and suspended the petitioner from service without notice and due process of law. After receiving the suspension order, the petitioner made several representations before the respondent authorities and brought to their notice regarding his innocence and finally on 28.09.2011, the petitioner submitted his explanation to the respondents on 28.09.2010. On 11.11.2010, the Gram Panchayat of the Panikara passed a resolution in favour of the petitioner and requested the respondent authorities to reinstate the petitioner, but the respondent authorities did not consider the Gram Panchayat’s resolution, workers’ representation and the petitioner’s explanation. The petitioner approached the respondent authorities several times and brought to their notice regarding his innocence and requested to reinstate him. 3. Learned counsel for the petitioner contended that no enquiry was conducted and that the petitioner gave a representation to the third respondent who has to take appropriate decision on the representation. 4. On the other hand, the learned counsel for the respondents also contended that appropriate decision has to be taken by the third respondent in accordance with the rules and regulations of the A.P.R.E.G.S. 5. When appeal is provided for as per the Government orders governing the service conditions of the Field Assistant, necessarily the appeal has to be filed before the District Collector. Since the third respondent is not the competent authority to take appropriate decision, the third respondent is directed to forward the representation of the petitioner to the first respondent i.e., the District Collector, Warangal, and the first respondent shall pass appropriate orders thereon in accordance with the rules and regulations of the A.P.R.E.G.S within a period of three (3) weeks from the date of receipt of representation from the third respondent and communicate the same to the petitioner. 6. Therefore, the Writ Petition is disposed of with the above direction. 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.17595 OF 2011 27th June, 2011 KL