A SIDDAIAH Vs. GOV OF A P

JUDGEMENT

(1.) This is a petition filed under Art. 226 of the Constitution for the issue of a writ or order calling for the records relating to the order in G. O. Rt. No. 634 Panchayat Raj (Establishment-V) Department dated 25-5-1981 issued by the Government of Andhra Pradesh allowing the 4th respondent, Sri N. Hanumanthappa, Extension Officer (Panchayats), Madakasira Panchayat Samithi, Anantapur district to voluntarily retire from service with effect from 25-5-1981 AN. and to consequently declare the election of the 4th respondent as President of the Panchayat Samithi, Madakasira, as illegal.

(2.) The relevant facts are as follows:- The 4th respondent was working as an Extension Officer (Panchayats), Panchayat Samithi, Madakasira, Anantapur district from 1959. While so, in May 1980. Petition was received from the members of Dr. Ambedkar Harijan Welfare Association, Hindupur alleging that the 4th respondent had illegally amassed wealth disproportionate to his means and income. Based on the preliminary report of the Anti Corruption Bureau, the Vigilance Commissioner directed the said Bureau to conduct an enquiry into the said allegations. While the matter was pending enquiry, the 4th respondent submitted a representation of 20-5-1981 to the Government, through proper chanel, that election to the post of President, Panchayat Samithi, Madakasira was to be held on 9-6-1981, the last date for filing nominations being 26-5-1981, and that the post of President of Madakasira panchayat Samithi was reserved for candidates belonging to Scheduled Castes, and that as the 4th respondent belonged to Scheduled Caste, he wished to stand as a candidate for the said post of President, and that in view of the urgency, he should be allowed to voluntarily retire immediately and orders communicated to him before 25-5-1981, waiving 3 months' notice prescribed by the relevant rules, so as to enable him to file his nomination papers on 26-5-1981. This representation was forwarded and recommended to the Collector of Anantapur by the Block Development Officer, Madakasira. The Block Development Officer, Madakasira, while forwarding the application to the Collector, stated that the 4th respondent was not due any amount or revenue to the Samithi or to the Government or to any other local authority, and that no departmental, disciplinary or Court proceedings were pending against him which were likely to culminate in a major punishment of dismissal or removal from service. The Collector, Anantapur forwarded the representation to the Government for necessary action. The Government passed the impugned order in G. O Rt. No. 634 dated 25-5-1981, which reads as follows :

(3.) By another order in G. O. Rt. No. 632 Panchayat Raj dated 25-5-1981, a regular enquiry under R. 19 (2) of the Andhra Pradesh Civil Services (C. C. & A) Rules was ordered by appointing an Enquiry officer into the charges framed against him.-