AGATAMUDI SHANMUKHA RAO v. THE STATE OF ANDHRA PRADESH
WP/6801/2025 · 2025-03-19
Challa Gunaranjan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11210 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11210 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
I --i' IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY. THE NINETEENTH DAY OF MARCH | TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 6801 OF 2025 Between: Agatamudi Shanmukha Rao, S/o Late Bhaskara Rao, Aged 45 years, Occ: Field Assistant (Suspension), R/o. Kuntibadra Gram Panchayat, Kotturu Mandal, Srikakulam District. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj and Rural Development Department Secretariat, Velagapudi, Amaravati, Guntur District. 2. Project Director-cum-Additional District Programme Coordinator of MGNREGS, District Water Management Agency, Srikakulam District. ...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 impugned proceedings in Rc.No.104/2024/EGS(FA-Ktbr-Ktr)/HR, dt. 04.10.2024 issued by the 2 respondent thereby suspended me from the post of Field Assistant working in Kuntibadra Gram Panchayat in Kotturu Mandal of Srikakulam District, as illegal, arbitrary, violative of principles of natural justice, contrary to the provisions of National Rural Employment Guarantee Scheme Act, 2005 and offends Articles 14 and 21 of Constitution of India and consequently set aside the proceedings dt. 04.10.2024 and direct the 2"^^ respondent to reinstate the petitioner into service for the said post. may nd
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 operation of proceedings 104/2024/EGS(FA-Ktbr-Ktr)/HR in Rc. No. dt 04.10.2024 issued by the 2 respondent and consequently direct the 2"^^ respondent to reinstate the nd petitioner into service in the post of Field Assistant working in Kuntibadra Gram Panchayat in Kotturu Mandal of Srikakulam District disposal of the main Writ Petition.
pending Counsel for the Petitioner: SRI SRINIVAS AMBATI Counsel for the Respondent No.1: GP FOR SERVICES-1 Counsel for the Respondent No.2: SRI M.S.R. CHANDRA MURTHY, SC FOR MGNREGS The Court made the following: ORDER
APHC010128782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 6801/2025 Between: Agatamudi Shanmukha Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.SRINIVAS AMBATI Counsel for the Respondent(S):
1.GP FOR SERVICES I
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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned proceedings dt.04.10.2024 issued by the 2"'^ respondent thereby suspended me from the post of Field Assistant working in Kuntibadra Gram Panchayat in Kotturu Mandal of Srikakulam District, as illegal, arbitrary, violative of principles of natural justice, contrary to the provisions of National Rural Employment Guarantee Scheme Act, 2005 and offends Articles 14 and 21 of Constitution of India and consequently set aside the proceedings dt.04.10.2024 and direct the 2’'^ respondent to reinstate the petitioner into service for the said post and pass such other
order or orders....” Rc. No. 104/2024/EGS(FA-Ktbr-Ktr)/H R, in
2. Heard Sri Srinivas Ambati, learned counsel for the petitioner, learned Assistant Government Pleader for Services-I for respondent No.1 and Sri M.S.R Chandra Murthy, learned Standing Counsel for respondent No.2. The petitioner has been working as Field Assistant at
3. Kuntibadra Gram Panchayat, Kotturu Mandal, Srikakulam District. On certain allegations, he has been placed under suspension and also issued show cause notice vide Rc.No.104/2024/EGS(FA-Ktbr- Ktr)/HR, dt.04.10.2024, for which, the petitioner submitted explanation on
23.10.2024. However, the inquiry is not concluded so far.
Learned counsel for the petitioner submits that Clause 13 of the
4. Field Assistants Human Resource Policy, 2013 (for short “FAHRP”)
3 mandates inquiry to be completed within 30 days. However, the 2 respondent has not concluded the inquiry so far. nd nd
5. Learned Standing Counsel appearing for 2 respondent submits that the 2'^'^ respondent will complete the inquiry within four weeks by following the FAHRP.
6. Given the
facts and circumstances of the case, the Writ Petition is disposed of, at the stage of admission, with the consent of
learned counsel on either side, directing the learned 2'^^ respondent to conclude the inquiry within 30 days by adhering the procedure mandated under Clause 13 of FAHRP, by providing an opportunity of personal hearing to the petitioner and pass a reasoned
order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed.
Sd/- A. VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary to Government, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. The Project Director-cum-Additional District Programme Coordinator of MGNREGS, District Water Management Agency, Srikakulam District. One CC to Sri Srinivas Ambati, Advocate [OPUC] One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS[OPUC] Two CCs to GP for Services-I, High Court of Andhra Pradesh[OUT] Three CD Copies.
1.
2.
3.
4.
5.
6. ssb
'A HIGH COURT DATED:19/03/2025
ORDER WP.No.6801 of 2025 2 I MAR 2025 mti c»f ^ . Current Section » .
DISPOSING OF THE W.P. WITHOUT COSTS