MADASU RAVI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This appeal is preferred, under Clause 15 of the Letters Patent, against the order passed by the Learned Single Judge in W.P. No. 7260 of 2018 dated 12.03.2018. The 5th respondent herein filed the Writ Petition seeking a mandamus to declare the order of suspension dated 17.02.2018, passed by the District Collector, Warangal suspending him from the office of Sarpanch of the 4th respondent-Gram Panchayat, as illegal, without jurisdiction and in violation of principles of natural justice, apart from being mala fide and a colourable exercise of power. By the order under appeal, the Learned Single Judge set aside the order of suspension. Aggrieved thereby, the 5th respondent in the writ petition has preferred this appeal.

(2.) Facts, to the limited extent necessary, are that the 5th respondent-writ petitioner was elected as a Sarpanch of Alankanipet Gram Panchayat during the general elections held in July, 2013. A complaint in F.I.R. No. 85 of 2017 was lodged against him for the offences punishable under Sections 353, 390, 323 and 506 read with Sec. 34 of I.P.C. He was arrested and remanded to judicial custody. Thereafter, a show cause notice was issued on 15.07.2017 to which the 5th respondent-writ petitioner submitted a detailed explanation on 25.07.2017. It is the case of the 5th respondent-writ petitioner that, even without considering his explanation, the order of suspension was passed in Aug., 2017 suspending him from holding the office of Sarpanch for a period of three months. The 5th respondent-writ petitioner filed W.P. No. 26646 of 2017 and, by order dated 11.08.2017, the impugned order of suspension was suspended. The authorities were, however, directed to continue the enquiry. Pursuant thereto, the 5th respondent-writ petitioner continued to hold the office of Sarpanch.

(3.) Thereafter, another show-cause notice dated 12.12.2017 was issued for which the petitioner again submitted a detailed explanation on 20.12.2017. Yet another notice dated 30.01.2018 was issued under Sec. 249(1) or (6) of the Telangana Panchayat Raj Act, 1994 (for short "the Act") asking the petitioner to showcause why action should not be initiated against him, for placing him under suspension, as he was arrested on the allegation of obstructing the Executive officer (PR &RD), Nekkonda from discharging his official duties. The 5th respondent-writ petitioner submitted his explanation on 06.02.2018 denying the allegations. However, the impugned order of suspension came to be passed on 17.02.2018 invoking the power under Sections 249(6) and 258 of the Act, questioning which the present writ petition was filed.