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2025 DAILYLAW 11865 (AP)

Neredu Suresh v. The State of Andhra Pradesh,

WP/7185/2025 · 2025-03-21

Challa Gunaranjan

body2025

Judgment text

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APHC010137992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7185/2025 Between: Neredu Suresh ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SUBRAMANYAM DARABOINA 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 on in the nature of WRIT OF MANDAMUS declaring the action of the 2nd Respondent in passing the Suspension Order, Vide Proceedings No. Rc.No.139/FIRM/MEMO/2023, Dt:01/03/2025, by suspending the Petitioner, who is working as Field Assistant in Yedurupadu Grampanchayath, Kothapally Mandal, Kurnool District, without conducting any enquiry and without giving any opportunity to the Petitioner, which is illegal, arbitrary and also against the Principal of Natural Justice and also violation of Article 14 & 21 of the Constitution of India and consequently set aside the No. Rc.No.139/HRM/MEMO/2023, Dt:01/03/2025 and direct the 2nd Respondent to reinitiate the Petitioner into his service for the post of Field Assistant at Yedurupadu Grampanchayath, Kothapally Mandal, Kurnool District and to pass such other order or orders.…” 2. Heard Sri Subramanyam Daraboina, learned counsel for the petitioner, Sri S.Raju, learned Assistant Government Pleader for Services appearing for respondent No.1 and Sri M.S.R.Chandramurthy, learned Standing counsel appearing for respondent No.2. 3. The petitioner was appointed as a Field Assistant on 06.05.2023 at Yedurupadu Grampanchayath, Kothapally Mandal, Kurnool District, under MGNREGS. He was issued impugned suspension order vide proceedings Rc.No.139/HRM/MEMO/2023, dated 01.03.2025, along with a request to explain why he should remain in service, in light of the allegations stated therein. The petitioner has filed an explanation on 04.03.2025 and the same is said to be pending. 4. Learned counsel, at the hearing would submit that the 2nd respondent has not been following the timelines fixed in Field Assistant Human Resource 3 Policy, 2013 for concluding the inquiry and further urged to direct the respondents to conclude the inquiry. 5. Learned Standing counsel on instructions of the 2nd respondent would submit that the 2nd respondent will issue a show cause notice with all particulars enabling the petitioner to submit an explanation and provide an opportunity for hearing and thereafter pass appropriate orders by adhering to the timelines as per Clause-13 of Field Assistant Human Resource Policy, 2013. 6. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, at the stage of admission with the consent of both the learned counsel, directing the 2nd respondent to adhere to the procedure mandated in Clause-13 of Field Assistant Human Resource Policy, 2013. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 21.03.2025 SNI 4 183 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7185/2025 Date: 21.03.2025 SNI