T VENKATESWARLU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In this Writ Petition, the petitioner, who was Grade-I Panchayat Secretary of Battiprolu Cluster Gram Panchayat of Guntur District, is assailing the order of suspension passed by the 3rd respondent against him in proceedings Roc No.367/2020 G4, dated 07.02.2020,

(2.) Initially, the petitioner was appointed as Junior Assistant, through his selection in APPSC Examination, at Kuchellapadu Gram Panchayat, in the year 1994. He was transferred to Battiprolu Gram Panchayat from Addankivaripalem Gram Panchayat on administrative grounds, as per orders of the 3rd respondent in Roc No.1998/2019 G 4, dated 12.07.2019. He joined duty at Battiprolu on 29.07.2019. However, by the impugned order, the 3rd respondent placed the petitioner under suspension on the allegation that the petitioner did not remit Rs.5,96,000/- collected towards property tax and water charges, and failed to remit the Demand Draft issued by Reliance Company of Rs.1,68,350/- to the credit of the Gram Panchayat. Thus, it is complained that, in all, the petitioner is responsible for failing to account for Rs.7,64,350/- to this Gram Panchayat.

(3.) In this Writ Petition, the petitioner has raised several grounds, questioning the basis for issuing the order of suspension and tried to explain the sums of money, which he had allegedly misappropriated or unaccounted for. However, in the course of hearing, the learned counsel for the petitioner, mainly questioned the competence of the 3rd respondent to place him under suspension, referring to the Rules applicable to his service. The learned counsel for the petitioner strenuously contended that in case of Panchayat Secretary-Gr.I, District Collector is incompetent to exercise such authority, in as much as he is neither the appointing authority nor the disciplinary authority and thus reference is made to G.O.Ms.No.84, Panchayat Raj and Rural Development (Mdl.II) Department, dated 24.02.2010. The learned counsel for the petitioner further relied on a ruling of Division Bench of this Court in Writ Appeal No.68 of 2020, dated 10.02.2020, in this context.