T. ROSELEELA Vs. COMMISSIONER, HYD

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India for the following relief:-

(2.) The case of the petitioner is that he was appointed as Additional Programme Officer (APO) on 6/5/2007 by the committee headed by the 3rd respondent-District Collector on a monthly wages of Rs.9,000.00 and the same was enhanced from time to time basing on the work load and presently the petitioner drawing Rs.14,000.00 towards his salary. While the matter stood thus, the 4th respondent issued a show cause notice vide notice No. D1/173/EGS/2011, dtd. 19/2/2011 alleging that the petitioner has committed dereliction of duties in implementation of the scheme of plantation and also not recorded the works in the measurement book and thereby caused loss to the State Government. After receipt of show cause notice, the petitioner submitted his detailed explanation. After submission of his explanation, the petitioner met the 4th respondent requested for personal hearing and requested to supply the copy of the Vigilance report to enable him to submit proper explanation to meet each and every allegation levelled in the show cause notice. However the 4th respondent without conducting a regular enquiry in summary proceedings has issued the present impugned order terminating the service of the petitioner as APO.

(3.) The counter affidavit is filed by the 4th respondent denying all the allegations made in the petition and contended that the Commissioner for Rural Development, A.P., Hyderabad vide their proceedings Rc. No. 185/SCRD/SPM/DM/253/Appeal/2011, dtd. 17/8/2011 under powers vested in para 2.5(ii) of part-2 of the disciplinary policy has disallowed the appeal of the petitioner and upheld the termination order issued by the Project Director, DWMA, Ongole basing on the ground reality that the purpose of plantation survival and the upliftment of the poorest of the poor among the rural areas is not achieved due to the failure of plantation of the pulpwood taken place in Bestavaripeta Mandal.