Panchayat Secretary's Suspension Overturned by Andhra Pradesh High Court

In a recent ruling, the Andhra Pradesh High Court overturned the suspension of a Panchayat Secretary who was placed under suspension through proceedings dated April 10, 2024. The Court found the suspension to be arbitrary and in violation of principles of natural justice. 

The Petitioner who has been serving as Panchayat Secretary since June 2020, was suspended following allegations that he failed to comply with the Model Code of Conduct (MCC) during the 2024 General Elections. The allegations were based on a show cause notice issued on March 24, 2024, by the Returning Officer, stating that campaign materials were still visible in certain villages under the petitioner’s jurisdiction. The Learned Counsel Advocate S.R.A Rozedar appearing for the petitioner highlighted various photographs and communication records that demonstrated his compliance with the MCC.

In his defense, the petitioner claimed he had promptly removed all campaign materials with the help of Panchayat workers. He provided photographic evidence and stated that any remaining materials were due to actions by children and unknown individuals after his team had already cleared the sites. The Court noted that the petitioner had submitted a detailed explanation on March 26, 2024, and provided evidence through WhatsApp to the relevant authorities. Despite this, the authorities proceeded with the suspension without considering his explanation. 

During the hearing, the Court found that the suspension order did not take into account the evidence provided by the petitioner. The High Court concluded that the suspension was issued without due consideration of the petitioner’s explanation and evidence. The Court set aside the suspension order and directed that the petitioner be reinstated with immediate effect, with all previous terms and conditions, including payment of his salary. The Court also instructed the authorities to provide the petitioner an opportunity to present his explanation again and ensure any future decisions follow the principles of natural justice. This ruling underscores the importance of fair administrative processes and adherence to natural justice principles in disciplinary actions within public services.