PW M % APHC010136792024 IN THE HIGH COURT QF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ar? WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7353 OF 2024 Between; Ponnada Ugra Laxmi Narasimhamurthy, S/o Chinnami Naidu, Aged- 39 years, Occ- Data Entry Operator (Removed), R/o. Door No- 7-1-28, Kottakotavari Street, Amadalavalasa, Srikakulam District. ...Petitioner AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary Government, Health, Medical and Family Welfare Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. Director General Drugs and Copyrights, Drugs Control Administration, Government of Andhra Pradesh, SMC (Siddartha Medical College) Campus, Vijayawada, Krishna District, (Presently NTR District), PIN - 520 008. 3. Assistant Director, Drugs Control Administration, Medical and Health Department, Plot No.70, RK Nagar Colony, Opp- Douglas High School, Srikakulam Town, Srikakulam District - 532001. 4. Drugs Inspector and District Drugs Control Officer, Drugs Control Administration, Medical and Health Department, Opp- Bhaskara Grand Hotel, Bypass Road, Parvathipuram, Parvathipuram Manyam District, PIN-535501. to ...Respondents Petition under Article 226 of the Constitution of India circumstances stated in the atfidavit filed therewith, the High Court pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF praying that in the may be MANDAMUS RC.NO.2384989/E2/2024. dt. 15.03.2024 declaring the proceedings in passed by the 2nd respondent thereby removed the petitioner from the post of Data Entry Operator in the office of the 4th respondent without working considering the explanation 29.01.2024 and 25.02.2024, without submitted to the show cause notices dt. conducting enquiry and without passing speaking order as illegal, irregular, arbitrary, violative of principles of natural justice and offends Articles 14 and 21 of the Constitution of India and consequently set aside the proceedings dt. 15.03.2024 and direct the respondents to reinstate the petitioner into service for the said post. lA NO: 1 OF 9n9A Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of proceedings in Rc.No.2384989/E2/2024, dt. 15.03.2024 passed by the 2nd praying that in the circumstances stated respondent and consequently direct the respondents to continue the petitioner in the post of Data Entry Operator working in the office of 2nd respondent, pending disposal of the main writ petition. Counsel for the Petitioner: SRI SRINIVAS AMBATI Counsel for the Respondents: GP FOR SERVICES The Court made the following order: IV APHC010136792024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS Fl7 [3460] ■ja?: WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7353/2074 Between: 1.PONNADA UGRA LAXMI NARASIMHAMURTHY, NAIDU, AGED- 39 YEARS, S/0 CHINNAMI OCC- DATA ENTRY OPERATOR (REMOVED), R/0. DOOR NO- 7-1-28, KOTTAKOTAVARI STREET AMADALAVALASA, SRIKAKULAM DISTRICT ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, AMARAVATI, GUNTUR DISTRICT. SECRETARIAT, VELAGAPUDI, 2. DIRECTOR GENERAL DRUGS AND COPYRIGHTS, CONTROL ADMINISTRATION, GOVERNMENT OF ’ ANDHRA PRADESH, SMC (SIDDARTHA MEDICAL COLLEGE) CAMPUS YYAYAWADA, KRISHNA DISTRICT, (PRESENTLY NTR DISTRICT)’ PIN-520 008. 3.ASSISTANT DIRECTOR, DRUGS CONTROL ADMINISTRATION, MEDICAL AND HEALTHDEPARTMENT, PLOT NO.70, RK NAGAR COLONY, OPP- DOUGLAS HIGH SCHOOL, SRIKAKULAM TOWN SRIKAKULAM DISTRICT - 532001. 4. DRUGS INSPECTOR AND DISTRICT DRUGS CONTROL OFFICER, DRUGS CONTROL ADMINISTRATION, MEDICAL AND HEALTH DEPARTMENT, OPP- BHASKARA GRAND HOTEL, BYPASS ROAD, PARVATHIPURAM, PARVATHIPURAM MANYAM DISTRICT 535501. DRUGS PIN- ...RESPONDENT(S): 1 2 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings in Rc.No.2384989/E2/2024, dt. 15.03.2024 passed by the 2nd respondent thereby removed the petitioner from the post of Data Entry Operator working in the office of the 4th respondent without considering the explanation submitted to the show cause notices dt. 29.01.2024 and 25.02.2024, without conducting enquiry and without passing speaking order as illegal, irregular, arbitrary, violative of principles of natural justice and offends Articles 14 and 21 of the Constitution of India and consequently set aside the proceedings dt. 15.03.2024 and direct the respondents to reinstate the petitioner into service for the said post and pass lANO: 1 OF 2024 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 may be pleased to RC.NO.2384989/E2/2024, dt. 15.03.2024 passed by the 2"^ respondent and consequently direct the respondents to continue the petitioner in the post of Data Entry Operator working in the office of 2"‘* respondent, pending disposal of the main writ petition and pass Counsel for the Petitioner: suspend the operation of proceedings in 1.SRINIVAS AMBATI Counsel for the Respondent(S); 1.GP FOR SERVICES IV 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.7353 of 2024 ORDER: The present writ petition is filed questioning the proceedings dated 15.03.2024 passed by Respondent No.2 removing the Petitioner from the of Data Entry Operator from the office of Respondent No.4 pursuant to show cause notices dated 29.01.2024 and 25.02.2024 without conducting enquiry as illegal and arbitrary. post any 2. The facts leading to the filing of the writ petition are as follows: The Petitioner was appointed as Data Entry Operator through outsourcing agency, Siva Saketh Management Consultants, in the year 2017 and was posted at Palakonda for a period of one year, i.e., up to 30.04.2018. In the year 2019, the Petitioner was added in Andhra Pradesh Corporation for outsourced Services (APCOS). From then onwards, the Petitioner discharging duties an was Data Entry Operator. Respondent No.2, vide proceedings dated 03.04.2022, allocated the Petitioner to the newly formed Parvathipuram Manyam District as Data Entry Operator while the Petitioner was working. Thereafter, the Petitioner was posted as Data Entry Operator in the office of Respondent No.4. as 3. As the Petitioner was unwell, he sought medical leave for a period of 15 days. On that count, a show cause notice was issued vide Rc.No.2166/Stores(E2)/2023, dated 29.01.2024, stating that the Petitioner was relieved from the office of Respondent No.4 and had not reported for duty m 4 in the office of Respondent No.2, and explanation was called for from the Petitioner. The Petitioner submitted his explanation on 29.01.2024 and requested for retention at Palakonda. 4. Subsequently, Respondent No.2 issued another show cause notice on 25.02.2024, vide Rc.No.2166/Stores(E2)/2023, wherein it is stated that the Petitioner had failed to report for duty on 30.01.2024 in spite of notices, and it was further alleged that the Petitioner was providing official information of the Drugs Control Department to the outsiders and sending anonymous complaints with some third parties etc.. The Petitioner was called upon to submit explanation thereto. Though the Petitioner submitted a detailed explanation on 29.02.2024 explaining the reasons for not reporting for duty on 30.01.2024 and denying the allegations, the impugned order was passed removing the Petitioner with immediate effect, vide proceedings dated 15.03.2024. Questioning the same, the present writ petition is filed. In the counter-affidavit, it is stated that the Joint Director had visited the 5. office of the Drug Inspector, Parvathipuram, where the Petitioner had worked from 01.05.2017 to 24.01.2024, and after verifying the computer system used by the Petitioner and recorded the statements of the persons who transferred money directly to the Petitioner’s account; on the basis of the enquiry, a detailed enquiry report on 07.03.2024 opining that the Petitioner indulged in corrupt practices and also informed that the Petitioner, while working as DEO, studied LLB degree from the Law college without any permission or leave from his superior authorities. 6. Further findings in the enquiry report are that the Petitioner demanded and collected money through digital wallets in his own name and in the names of his mother and his close relatives, from the persons who approached for official work. The PhonePe numbers were also mentioned in the counter affidavit and that the Petitioner had studied LLB degree without obtaining permission from the Department. Apart from that, it is alleged that, on examination of the computer system of the Petitioner, it is shown that the Petitioner was passing information to third parties, and it is on that count, the impugned order was passed. In the considered opinion of this Court, the impugned order was passed on the basis of an enquiry report dated 07.03.2024 and the details of the said enquiry report, as mentioned in the counter-affidavit, refer to allegations against the Petitioner. 7. various 8. The impugned order, per se, may not amount to be stigmatic. However, a reading of the final show cause notice and the contents of the enquiry report dated 07.03.2024, as referred to in the counter-affidavit, shows that the Petitioner is removed from services on allegations and a blot is being cast with regard to his future employment. 9. A Hon’ble Division Bench of erstwhile High Court of Andhra Pradesh i “State of A.P v. K.Madhu Phani and Another” (2017 SCC OnLine Hyd 827: (2018) 1 ALT 125 (DB), held that even Outsourcing Employee cannot be stigmatized without any enquiry. in i t 10. In that view, the Writ Petition is allowed by setting aside the impugned proceedings dated 15.03.2024. No costs. As a sequel, the miscellaneous petitions if any shall stand closed. Sd/-K TATA RAO “^'^“''^^egistrar section officer //TRUE COPY// To, The Principal Secretary to Government, Health Welfare Department, District. 2. The Director, Administration, , Medical and Family Secretariat, Velagapudi, Amaravati, Guntur General Drugs and Copyrights, Drugs Control Medical cm, SMC (Siddartha d,cal College) Campus, Vijayawada, Krishna District, (Presently NTR District), PIN - 520 008. ^ 3. The Assistant Director, Health Department Drugs Control Administration, Plot No.70, RKNagar Colony, r > Srikakulam District - 532001. Medical and Opp- Douglas High School, Srikakulam Town 4. The Drugs Inspector D'stnct Drugs Control Officer, Administration, Medical and Health Hotel, Bypass Road Drugs Control Department, Opp-Bhaskara Grand Parvathipuram, Parvathipuram Manyam District, pin-535501. 5. One CC to Sri Srinivas Ambati, 6. Two CCS to GP for Services 7. Two CD Copies Advocate [OPUC] IV, High Court of Andhra Pradesh [OUT] TF HIGH COURT DATED:30/07/2025 ORDER WP NO. 7353 OF 2024 ^2 2 AUG 2025 p N^^mofSecBon-^;^ ^<5aai£ssss^ ALLOWING THE W.P. WITHOUT COSTS