Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAtK (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE CHALLA GUNARANJAN^/ WRIT PETITION NO: 7284 OF 2025 Between: D Ravindra, S/o. Narasaiah, Aged 36 years, Occ: Field Assistant, R/o. D.NO.#4-49, G. Kothapally Village, Dwaraka Tirumala Mandal, Eluru District. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary to Government, Panch^at Raj and Rural Development Department Secretariat Building, Amaravati Guntur District. 2. The Project Director, District Water Management Authority, Eluru District at Eluru. 3. The Mandal Pai^ad Development Officer, Dwaraka Tirumala Mandal, Dwaraka Tirumala Eluru District. 4. The Assistant Project Director, MGNREG Scheme Chintalapudi, Eluru District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declarhipxthe suspension proceedings in Rc.No.A2/DWMA/H.R./2025, dt. 04.02.2025 passed by the 2nd respondent thereby temporarily suspending the petitioner from the post of Field Assistant working in G. Kothapalli Gram Panchayat, Dwaraka Tirumala Mandal, West Godavari District, without issuing any Charge Memo,
as illegal, irregular, arbitrary, violative of principles of natural justice, contrary to the provisions of Mahatma Gandhi National Rural Employment Guarantee Scheme Act, 2005 and offends Articles 14 and 21 of Constitution of India and consequently direct the 2nd respondent to reinstate him into service in the said post with continuity of service from 14.04.2020 onwards, with all attendant benefits. lA NO: 1 OF 2025 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 suspend the operation of proceedings in Rc.No. A2/DWMA/H.R./2025, dt. 04.02.2025 passed by the 2nd respondent and consequently direct the respondents 2 to 4 to reinstate the petitioner into service in the post of Field Assistant working in G. Kothapalli Gram Panchayat, Dwaraka Tirumala Mandal, West Godavari District, with all attendant benefits, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI PETLURI NAGA RAJU Counsel for the Respondent No.1: GP FOR SERVICES I Counsel for the Respondent Nos.
2 & 4: SRI M S R CHANDRA MURTHY Counsel for the Respondent No.3: SRI G SRINIVASA RAO The Court made the following: ORDER ^
APHC010135562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7284/2025 Between: D Ravindra ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.PETLUR1 NAGA RAJU 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 suspension proceedings in Rc.No.A2/DWMA/H.R./2025, dt.04.02.2025 passed by the 2"'^ respondent thereby temporarily suspending the petitioner from the post of Field Assistant working in G.Kothapalli Gram Panchayat, Dwaraka Tirumala Mandal, West Godavari District, without issuing any Charge Memo, as illegal, irregular, arbitrary, violative of principles of natural justice, contrary to the provisions of Mahatma Gandhi National Rural Employment Guarantee Scheme Act, 2005 and offends Articles 14 and 2.1 of Constitution of India and consequently direct the 2"'^ respondent to reinstate him into service in the said post with continuity of service from 14.04.2020 onwards, with all attendant benefits and pass such other
order or orders....” Heard Sri P. Naga Raju, 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 for respondent Nos.2 and 4 and Sri G.Srinivasa Rao, learned counsel for respondent No.3.
2. The petitioner has been appointed as Field Assistant at G.Kothapalli Gram Panchayat, Dwaraka Tirumala Mandal, West Godavari District, under the Mahatma Gandhi National Rural Employment Guarantee Scheme on
21.04.2011. The petitioner 'sm'ce participated in the program organized by Gram Panchayat on
3.
3 14.04.2020 on the occasion of Ambedkar Ganyanthi, the 3 respondent has filed a complaint, alleging that same amounts to a violation of lockdown rules. Thereby, he has been prevented to attend duties as Field Assistant. Though there was no proper inquiry, the petitioner has been continued to prevent from attending duties, inspite of repeated representations. Therefore, he had filed rd W.P.No.9642 of 2021 before this Court for a direction to respondents to reinstate him to the post and allow to resume into service. The said writ petition is stated to be pending. Now, once again the 2^^ respondent based on complaint, that petitioner is voluntarily absenting from duties without prior
4. permission or approval, issued impugned proceedings vide r.c.No.A2/DWMA/HR/2025, dated 04.02.2025, placing the petitioner under suspension and call for explanation. It is also stated that though the petitioner tried to submit explanation to the show cause notice, the respondents are not receiving the same.
5. Sri M.S.R. Chandra Murthy, learned Standing Counsel for respondent Nos.2 and 4, on instructions submits that since the petitioner has been placed under suspension pending inquiry, respondents after considering the explanation, if any to be submitted, shall pass orders in accordance with law.
4 In view of the aforesaid submissions, present Writ Petition is
6.
disposed of by allowing the petitioner to submit explanation within a period of two (02) weeks from today to the 2 respondent, who on receiving the same shall consider and after hearing the petitioner pass speaking orders within a period of thirty (30) days thereafter. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed.
Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SEdflSrdFFICER To,
1. The Principal Secretary to Government, Panchayat Raj^d Rural Development Department Secretariat Building, Amaravati Guntur District.
2. The Project Director, District Water Management Authority, EIurT District at Eluru.
3. The Mandal Parishad Development Officer, Dwaraka ttfumala Mandal, Dwaraka Tirumala Eluru District.
4. The Assistant Project Director, MGNREG Scheme Chintalapudi Eluru District. ’
5. One CC to Sri Petiuri Naga Raju, Advocate [OPUC]
6. One CC to Sri M S R Chandi^urthy, Advocate [OPUC]
7. One CC to Sri G Srinivasa R^'p,,Advocate [OPUC] Two CCs to GP for Servicp/l^High Court of Andhra Pradesh. [OUT]
9. Three CD Copies
8. TF
I % HIGH COURT DATED:24/03/2025
ORDER Cj WP.No.7284 of 2025 5 0 ^ APR 2125 m c«,i . Current Section .
DISPOSING OF THE W.P., WITHOUT COSTS