D PEERAIAH v. THE PROJECT DIRECTOR AND JOINT SECRETARY S R D S
WP/6164/2025 · 2025-03-12
Challa Gunaranjan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10711 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10711 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 6164 OF 2025 Between: D. Peeraiah, S/o. Baludu, Aged about 43 years, Occ: Field Assistant, R/o. 2/9, Rachinnayapalle, Y.S.R. Kadapa District, Andhra Pradesh ...PETITIONER AND The Project Director and Joint Secretary, S.R.D.S District Water Management Authority (DWMA), Y.S.R Kadapa District The C.E.O., Zilla Parishad, Y.S.R. Kadapa, Y.S.R. Kadapa District The Mandal Parishad Development Officer (M.P.D.O)/Program Officer, Chennur Mandal, Y.S.R Kadapa District The Assistant Project Director, Cluster, Kamalapuram, Y.S.R Kadapa District The District Collector, Y.S.R. Kadapa, Y.S.R. Kadapa District The State of Andhra Pradesh, rep. by its Principal Secretary, Panchayat Raj & Rural Development Department, A.P Secretariat Buildings, Velagapudi, Amaravati, Guntur District
1. 2. 3. 4. 5. 6. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.1 in issuing impugned proceedings vide Rc. No.C9/1405/Chennur (m)/18 S.A/2024, dated 20-01-2025, suspending the petitioner herein from as Field Assistant and show cause notice, pending disciplinary action may service as
i- arbitrary, illegal, beyond jurisdiction and violation of Articles 14 21 of the Constitution of India apart from principles of natural justice and consequently set aside the impugned proceedings vide Rc. Nol e9/1405/Chennur (m)/18 S.A/2024, dated 20-01-2025, issued by the 1 respondent in the interest of justice. St lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned proceedings vide Rc. No. C9/1405/Chennur (m)/18 S.A/2024, dated 20-01-025 of the 1®* respondent and direct the respondent No.1 to re-instate the petitioner into the service- pending disposal of the Writ Petition^ in the interest of justice. Counsel for the Petitioner: M/s. KESAVI KUMARI NEMALA Counsel for the Respondent Nos.1 & 4: SRI M.S.R.CHANDRA MURTHY, SC FOR DWMA Counsel for the Respondent Nos.2 & 3: SMT.
B.V.APARNA LAKSHMI, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent Nos.5 & 6: GP FOR SERVICES I The Court made the following: ORDER
APHC010122452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ife [3506] WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 6164/2025 Between; ...PETITIONER D Peeraiah AND ...RESPONDENT(S) The Project Director And Joint Secretary S R D S and Others Counsel for the Petitioner:
1.KESAVI KUMARI NEMALA Counsel for the Respondent(S):
1.GP FOR SERVICES I The Court made the following:
2 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 an appropriate writ, order or direction more particularly one in the nature of WRIT of MANDAMUS, declaring the action of the respondent No.l in issuing impugned proceedings vide Rc.No.C9/1405/Chennur (m)/18 20.01.2025, suspending the petitioner herein from service arbitrary, illegal, beyond as S.A/2024, dated Field Assistant pending disciplinary action of Articles 14 and 21 of the Constitution of India apart and consequently set aside the impugned as jurisdiction and violation from principles of natural justice dated 20.01.2025 issued by the 1'* respondent in the interest of proceedings justice.” Field Assistant vide proceedings
2. The petitioner has been appointed as dated 08.03.2006 and posted to Rachinnayapalll Gram Panchayat, where he has been discharging his duties. He has been issued suspension orders-cum- Rc.No.C9/1405/Chennur (m)/18 S.A/2024. dated show cause notice vide 20.01.2025 on felicitating to make entries in the participated in the the allegations that the petitioner has been involved in musters that certain persons have physically works assigned, later the amounts have been shared by the without physically working and attending to the 27.01.2025 refuting the petitioner and the said persons works. The petitioner has submitted his explanation on said allegations.
Subsequently, the first respondent also issued notice dated to attend for hearing to be held on attended the hearing and submitted the 12.02.2025 calling upon the petitioner
17.02.2025. The petitioner has relevant documents and made submissions denying the allegations
3
3. Heard Ms.Kesavi Kumari,
learned counsel for the petitioner, Sri M.S.R.Chandra Murthy, learned Standing Counsel for respondent Nos.1 and 4 and Smt B.V.Aparna Lakshmi, learned counsel for respondent Nos.2 and 3. On instructions, the learned Standing Counsel for respondent Nos.1
4. and 4 submits that the enquiry is going on and the same would be concluded in a short period.
5. The learned counsel for the petitioner though tried to make submissions on merits of the mater, this Court is not persuaded to enter the same in as much as the enquiry itself is at advanced stage and orders are likely to be passed at any time. Therefore, it would suffice to dispose the present writ petition directing the first respondent to complete the enquiry and pass speaking orders within a period of four (04) weeks from today.
6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
Sd/- M SRiNlVAS assistant REGI^RAR //TRUE COPY// sectIon officer To,
1. The Project Director and Joint Secretary, S.R.D.S District Water Management Authority (DWMA), Y.S.R Kadapa District
2. The C.E.O., Zilla Parishad, Y.S.R. Kadapa, Y.S.R. Kadapa District
3. The Mandal Parishad Development Officer (M.P.D.O)/Program Officer, Chennur Mandal, Y.S.R Kadapa District
4. The Assistant Project Director, Cluster, Kamalapuram, Y.S.R Kadapa District
5. The District Collector, Y.S.R. Kadapa, Y.S.R. Kadapa District
6. The Principal Secretary, Panchayat Raj & Rural Development Department, State of Andhra Pradesh A.P Secretariat Buildings, Velagapudi, Amaravati, Guntur District
7. One CC to M/s. Kesavi Kumari Nemala, Advocate [OPUC]
8. One CC to Sri M.S.R. Chandra Murthy, SC for DWMA[OPUC]
9. One CC to Smt. B.V. Aparna Lakshmi, SC for ZPP, MPP & Gram Panchayat[OPUC]
10. Two CCs to GP for Services-I, High Court of Andhra Pradesh.[OUT]
11. Three CD Copies. ssb
HIGH COURT DATED:12/03/2025 OF and,
ORDER I 2 ^ mar 2025 Current oeciion . WP.No.6164 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS