BOLLEPELLI SHANKAR Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) THE petitioner was elected as Sarpanch of Julapally Gram Panchayat, Kamanpur Mandal, Karimnagar District. On receiving certain allegations as to misappropriation against him, the District Collector, Karimnagar, 2nd respondent herein, initiated proceedings under Section 249 of the Andhra Pradesh Panchayat Raj Act, 1994 (for short 'the Act' ). A show - cause notice was issued on 1. 9. 2007, incorporating the allegations and requiring the petitioner to submit his explanation. The petitioner submitted his I explanation on 10. 9. 2007. The remarks of the Divisional Panchayat Officer were called for and on receipt of the same, the 2nd respondent issued show-cause notice, dated 8. 12. 2007, under sub-section (6) of Section 249 of the Act The petitioner submitted his explanation on 27. 12. 2007. On a consideration of the same, the 2nd respondent passed an order, dated 29. 1. 2008, placing the petitioner under suspension for a period of three months, under sub-section (6) of Section 249 of the Act. The same is challenged in this writ petition.

(2.) IT is contended that the step under Section 249 (6) can be taken only pending investigation into the charges. He pleads that the charges have already been investigated and there was no occasion for the 2nd respondent to pass the impugned order. .

(3.) LEARNED Government Pleader for Panchayat Raj for respondents 1 to 4 and Sri P. Sridhar Rao, learned Counsel for respondent No. 5, on the other hand, submit that though there is some defect in the frame of the order, it is specifically passed in exercise of power under Section 249 (6) of the Act. According to them, the period of three months had already elapsed and the jurisdiction of the 2nd respondent to pass final order under Section 249 (1) still subsists.