BHIMADOLE NAGESWARA RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner, who is the Sarpanch of Gram Panchayat, Bhimadole,. West Godavari District, filed this writ petition seeking a writ of Mandamus challenging the orders of suspension dated 9-5-2002 passed by the District Collector, West Godavari, Eluru - the respondent No.2 herein in exercise of powers under Section 249 (6) of the A.P. Panchayat Raj Act, 1994 (for short the 'Act' ).

(2.) The brief facts which are necessary for the purpose of deciding this case are, that the petitioner was elected as the Sarpanch of Bhimadole in August 2001 as an independent candidate, in the post reserved for Schedule Caste and he has been discharging his functions to the satisfaction of one and all. However, by the impugned orders dated 9-5-2002, the respondent No.2, acting on the letter dated 30th April 2002 from the Deputy Superintendent of Police, A.C.B., Eluru stating that he was caught in a trap while receiving bribe of Rs.300.00 from one Krupanandam, husband of Smt. Dayamani, suspended him for a period of three months, by invoking the provisions of Section 249 (6) of the Act. Subsequently the suspension was extended for further period of three months with effect from 9-8-2002 under Section 249 (1) of the said Act, by the Government/the respondent No.1, herein.

(3.) Sri C.V. Mohan Reddy, learned counsel appearing for the petitioner, submits that as per the 1st proviso to sub-section (6) of Section 249 of the Act, before passing the orders of suspension the person concerned has to be provided with an opportunity of being heard against the proposed action, but whereas, in this case no such opportunity or notice was given to explain or to submit any representation as contemplated therein.