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2025 DAILYLAW 10676 (AP)

VADDI BRAHMANANDA REDDY v. THE STATE OF ANDHRA PRADESH

WP/6372/2025 · 2025-03-17

Challa Gunaranjan

body2025

Judgment text

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y IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITIOM Kin: 6372 OF 2025 Between: Vaddi Brahmananda Reddy, S/o.Veera Reddy Aged 36 years Occ; Field Asst, (under Removal From the service) R/o.H.No.3-21 Bhupana Guntia, Racherla Prakasam, Andhra Pradesh 523356 ...PETITIONER AND 1. The State of Andhra Pradesh Rep.by its Principal Secretary, Panchayath Raj and Rural Development Department, Secretariat Buildings, Amaravathi, Guntur District, A.P. - 522237 2. The Project Director, District Water Management Agency (DWMA), Ongole, Prakasham District, A.P. - 523001 3. The Mandal Parishad Development Officer, Mandala Praja Parishat, Racharla Mandal Prakasham District - 523368 4. The Asst. Project Director, District Water Management Agency (DWMA) Besthavaripeta, Prakasam District, A.P. - 523001 5. The District Vigilance Officer, District Water (DWMA) Ongole, Prakasham Dist, A.P. - 523001 6. The Human Resource Cell, District Water (DWMA, Ongole, Prakasam District, A.P. - 523001 7. The Satyavolu Grampanchayath, Rep.by its Secretary, Satyavolu Gram Panchayath, Racherla Mandal Prakasam District, A.P.-523368 Management Agency Management Agency ...RESPONDENTS 0 Petition under Article 226 of the Constitution of India is filed praying stated in the affidavit filed therewith, the High that in the circumstances Court may be pleased to issue appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the ^ respondents in removing the petitioner from the services permanently vide R.C.NO.D2/607/EGS/2024 dated 03-02-2025 without any personal hearing, without seeing documentary evidence submitted by the petitioner and without giving the reasonable ■■c opportunity to submit his final explanation on enquiry officer illegal, arbitrary, against the principles of natural justice and consequently set aside the Proceedings Rc.No.D2/607/IGS/2024 dated 03-02-2025 by reinstating the petitioner service, in the interest of justice. the enquiry report of the into lA NO: 1 OF 2Q2fi Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to reinstate the petitioner into service by setting aside the Proceedings Rc.No.D2/607/IGS/2024 dated 03-02-2025 in the interest of justice. Counsel for the Petitioner: SRI K GANI REDDY Counsel for the Respondent No.1: GP FOR SERVICES I Counsel for the Respondent Nos. 2, 4, 5 & 6: SRI M S R CHANDRA MURTHY Counsel for the Respondent Nos. 3 & 7: SMT. B V APARNA LAKSHMI (SC FOR ZPPS, MPPS & GP) The Court made the following: ORDER APHC010121512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) BES [3506] MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITIOM MO; 6372/2025 Between: ...PETITIONER Vaddi Brahmananda Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.KGANI REDDY Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 r The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s;- “...to issue appropriate writ particularly one in the nature of writ of mandamus declaring the action of the respondents in removing the petitioner from the services permanently vide R.C.No.D2/607/EGS/2024 dated 03- 02-2025 without any personal hearing, without seeing documentary evidence submitted by the petitioner and without giving the reasonable opportunity to submit his final explanation on the enquiry report of the enquiry officer illegal, arbitrary, against the principles of natural justice and consequently Rc.No.D2/607/EGS/2024 dated 03-02-2025 by reinstating the petitioner into service, in the interest of justice and to pass such other order or orders.... ” order or direction more or set the Proceedings aside 2. Heard Sri K.Gani Reddy, learned counsel for the petitioner learned Assistant Government Pleader for Services-I for respondent No.1 Sri M.S.R.Chandra Murthy, learned Standing Counsel appearing for respondent Nos.2,4,5 & 6 and Smt B.V.Aparna Lakshmi, learned Standing Counsel appearing for respondent Nos.3 and 7. The petitioner, while working as Field Assistant under the 3. Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) at Somidevipalli Gram Panchayat, Racharla Mandal Prakasam District, was issued a show cause notice dated 16.12.2024, for certain irregularities. For which, the petitioner submitted explanation on 27.12.2024. The 2'^^ respondent, upon considering the explanation and providing an opportunity of hearing, passed the impugned proceedings Rc.No.D2/607/EGS/2024 dated 03.02.2025, removing the petitioner from service. Aggrieved by the same, the petitioner preferred the present writ petition. 4. Sri M.S.R.Chandra Murthy, learned Standing Counsel, appearing for respondent Nos.2, 4, 5 and 6, on instructions submits that the petitioner has already preferred appeal before the District Collector on 24.02.2025, challenging the impugned order, and hearing has been fixed on 18.03.2025, which the learned termination counsel for the petitioner does not refute. 5. Since the petitioner has already availed the remedy of appeal under Clause (13){c) of the Field Assistant Human Resource Policy, 2013, and the same is pending before the District Collector, the present Writ Petition is disposed of, directing the appellate authority to consider the appeal on merits and pass appropriate orders, in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SE' FFICER To, 1. The Principal Secretary, Panchayath Raj and Rural Development 522^2:^7^^^ ’ Buildings, Amaravathi, Guntur District, A.P. - 2. The Project Director, District Water Management Agency (DWMA) Ongole, Prakasham District, A.P. - 523001 « v a "■ BesthIvaripSrPrSm Stg, A.f^Sor""' '■ ('DWM“goT^'prlas?amDi3°^^^^^^^^^ Management Agency ^ SwMA^Onnoio^D^^i^® District Water Management Agency (UWMA, Ongole, Prakasam District, A.P. - 523001 PanchlS^LrhPrfa Grampanchayath. Rep.by its Satyavolu Kanchayatn, Racherla Mandal Prakasam District, A.P.-523368 8. One CC to Sri K Gani Reddy Advocate [OPUC] 9. One CC to Sri M S R Chandra Murthy, Advocate [OPUC] GP^SvocatefoPUCl ^ 11. Two CCs to GP for Services I, High Court of Andhra Pradesh. 12. Three CD Copies Gram [OUT] TF high court DATED: 17/03/2025 ORDER WP.No.6372 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS