K VENKATESWARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE petitioner while working as Tahsildar of Kothapatnam in Prakasam District, on a request made by Peram Ramu, the Sarpanch of Alluru Gram Panchayat, furnished certain information about the alienation of land admeasuring Acs.20.55 in Alluru Village in favour of Ongole Municipality for establishing dumping of transit point. It appears the said Ramu filed W.P.No.32702 of 2010 assailing the proceedings of the District Collector alienating the land to Ongole Municipality. In that writ petition, he had relied on the information furnished by the petitioner.

(2.) FOR the reason that after gathering the information from the Village Revenue Officer and Surveyor, the petitioner furnished information to Ramu under the provisions of the Right to Information Act, 2005 (the RTI Act), he was ordered to be placed under suspension by proceedings dated 05.4.2011 of the District Collector. Curiously the said order nowhere mentions about any negligent conduct or malfeasance or misfeasance or financial abuse on the part of the petitioner. Be that as it may, being aggrieved by the order of suspension dated 05.4.2011, the petitioner filed O.A.No.3061 of 2011 in May, 2011. The learned Tribunal appears to have directed the Government Pleader to obtain instructions. Subsequently on 18.5.2011, the learned Tribunal passed the following order. Admit. Issue notice to the respondents, returnable in four weeks.

(3.) THE District Collector filed affidavit stating that the copy of the order dated 18.5.2011 of the Tribunal was received by him on 21.5.2011 along with the representation of the petitioner; and an application for vacating the ex parte order being VMA No.1047 of 2011 was filed on 29.5.2011, which is pending. Though the Collector also refers to the background of the case including the allotment/alienation of land to Ongole Municipality for establishing dumping of transit point, it is not necessary for the purpose of this case to refer to the same. Except stating that a vacate stay application was moved, nothing substantial in justification of non-implementation of the order of the Tribunal is averred in the counter affidavit.