HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.30610 of 2010 Dated: 21.03.2011 Between: K.RAMESH. ..... PETITIONER AND THE DISTRICT COLLECTOR, CHITTOR DIST & ANOTHER .....RESPONDENTS The Court made the following : HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.30610 OF 2010 ORDER: The writ petition is filed by the petitioner seeking for issuance of a writ of mandamus to declare the action of the respondents in not permitting him to attend the duties as APO without any notice or opportunity and without there being any order of termination/suspension as illegal and arbitrary and consequently, to direct the respondents to retain and continue him as APO with all consequential benefits. The case of the petitioner is that he has been originally appointed as Programme officer under N.R.E.G.S now being called as M.G.N.R.E.G.S with effect from 1.6.2007 and the 2nd respondent allotted him to Chittoor Mandal vide Proceedings Roc.No:H/2678/PO/05, dated 9.6.2006 and subsequently, the said post was redesignated as A.P.O. He worked as APO in Chittoor Mandal up to 24.2.2007 and thereafter, he was transferred to Peddamandyam Mandal and latter to Kuppam Mandal with effect from 2.3.2008. During the course of social audit inspection conducted in Peddamandyam Mandal from 20.8.2009 to 31.8.2009, the Field Assistants/Technical Assistants and A.P.Os were found to have committed some irregularities and misappropriated the Governments funds. Basing on the same, the 2nd respondent issued a show cause notice vide Roc.No:K6/1797/09, dated 17.9.2009, for which he submitted his explanation to the 2nd respondent. However, on the report of the Assistant Project Director of Mulakalacheruvu against some of F.A and T.A and A.P.Os implicating his name also, the Station House Officer, Peddamandyam registered a case against all the persons in Cr.No:67 of 2009 and due to the pendency of the case, he has not been allowed to join duty and in the meanwhile, after completion of the investigation, the police have filed the charge sheet by deleting his name on the ground that he has no participation in the alleged crime. On that, he submitted a representations dated 21.7.2010 and 2.11.2010 to the 2nd respondent. But, the 2nd respondent has not yet taken any action in this regard. Heard. The main thrust of the case of the petitioner is that basing on the audit inspection, a report was lodged against the Field Assistants, Technical Assistants and the A.P.Os including the petitioner in the Peddamandyam police station and the same was registered as Cr.No:67 of 2009. However, after completion of the investigation, the chargesheet was filed excluding the name of the petitioner on the ground that he has no participation in the alleged misappropriation. On that, the petitioner has submitted his representations dated 21.7.2010 and 2.11.2010 to the 2nd respondent for permitting him to retain and continue as A.P.O with all consequential benefits. In the facts and circumstances of the case coupled with the fact that the representations dated 21.7.2010 and 2.11.2010 are pending consideration with the 2nd respondent, without expressing any opinion on the merits of the case, I feel it just and proper to direct the respondents to consider the representations of the petitioner said to have been made him 1.7.2010 and 2.11.2010 subsequent to the deletion of his name in the charge sheet, and pass appropriate orders within a period of two (2) Weeks from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. No costs. _____________________ Justice G. Chandraiah Dated: 21.03.2011 gurc. HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.30610 of 2010 Dated: 21.03.2011