B VENKATESWARLU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Since the decision in W.P.No. 7939 of 1994 would make the proceedings in W.P.No. 9860 of 1994 infructuous, both the matters, involving common questions of law and facts, are being heard together and they are being disposed of by means of mis judgement to be rendered in W.P.No. 7939 of 1994.

(2.) The petitioner was an elected Sarpanch of Dharmavaram Gram Panchayat of Addanki Mandal, Prakasam District. He has been removed from such a status by the impugned order passed by the 2nd respondent in the proceedings Roc.No. 3900/93 (Pts) Al, dated 24-2-1994 confirmed by the 1st respondent Government in its proceedings G.O.Rt.No. 532, Panchayat Raj, Rural Development and Relief (JRY. IV) Department, dated 18-4-1994. He was so removed on the charges of dereliction of duty, misappropriation of public funds and disobedience to the orders issued to him by the 2nd respondent. The petitioner has challenged the Telegram issued by the 1st respondent in Rc.No.3900/93 (Pts) Al, dated 18-5-1994 to the Treasury Officer not to honour the bills presented by him in W.P.No. 9860 of 1994. Both the Writ Petitions are resisted by the respondents.

(3.) From the impugned orders leading to the Writ Petitions, the admitted facts can be recorded in brief: