APHC010151362024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7859 OF 2024 Between; Sanivarapu Madhusudhan Reddy, S/o Late S. Ranga Reddy, Aged- 23 Occ: Data Entry Operator (Removed), R/o. Ward No.93, Indira Nagar, Near RIMS, 516004. years. Chinthakommadinne, Mamillapalli Post, YSR Kadapa District - ...PETITIONER AND 1. State of Andhra Pradesh, Rep. by its Government, Principal Secretary to 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, School, Srikakulam Town, Srikakulam District - 532001. 4. Drugs Inspector and District Drugs Control Officer, Opp- Douglas High Drugs Control Administration, Medical and Health Department, Opp- Bhaskara Grand Hotel, Bypass Road, Parvathipuram, Parvathipuram Manyam District, PIN-535501. ...RESPONDENTS K»>> 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the 15.03.2024 passed by the 2"^ respondent thereby removed the petitioner from the post of Data Entry Operator working in the office of the 4*^ respondent without considering the explanation submitted to the show cause notice dt. 29.01.2024, 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 15.03.2024 and direct the respondents to reinstate the petitioner into for the said post. proceedings in Rc.No.23851919/E2/2024, dt. proceedings dt. service lA NO: 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 suspend the operation of proceedings in RC.NO.23851919/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 4*^ respondent, pending disposal of the main writ petition. Counsel for the Petitioner: SRI SRINIVAS AMBATI Counsel for the Respondent Nos.1 to 4: GP FOR SERVICES IV The Court made the following order: APHC010151362024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7859/2024 Between: 1.SANIVARAPU MADHUSUDHAN REDDY,, S/0 LATE S. RANGA REDDY, AGED- 23 YEARS, OCC- DATA ENTRY OPERATOR (REMOVED), R/0. WARD N0.93, INDIRA NAGAR, NEAR RIMS, CHINTHAKOMMADINNE, MAMILLAPALLI POST, YSR KADAPA DISTRICT - 516004. ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY TO GOVERNMENT, HEALTH, MEDICAL AND FAMILY WELFARE AMARAVATI, GUNTUR DISTRICT. 2. DIRECTOR GENERAL, DRUGS AND COPYRIGHTS, CONTROL ADMINISTRATION, PRADESH 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 DEPARTMENT, OPP- BHASKARA GRAND HOTEL, BYPASS ROAD, PARVATHIPURAM, PARVATHIPURAM MANYAM DISTRICT. 535501. PRINCIPAL DEPARTMENT, SECRETARIAT, VELAGAPUDI, DRUGS GOVERNMENT OF ANDHRA SMC (SIDDARTHA MEDICAL COLLEGE) CAMPUS, MEDICAL AND HEALTH PIN- 2 ...RESPONDENT(S): 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.23851919/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 notice dt. 29.01.2024, 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.23851919/E2/2024, dt. 15.03.2024 passed by the 2nd respondent and consequently direct the respondents to continue the petitioner in the post of Data Entry Operator working in the office of 4* respondent, pending disposal of the main writ petition and pass Counsel for the Petitioner; suspend the operation of proceedings in 1.SRINIVASAMBATI Counsel for the Respondent(S): 1.GP FOR SERVICES IV 3 Vi. HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.7859 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 post of Data Entry Operator from the office of Respondent No.4 pursuant to show cause notices dated 29.01.2024 and 13.02.2024 without conducting enquiry as illegal and arbitrary. 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, on 01.12.2016 and was posted in the office of Respondent No.2 for a period of one year and thereafter his services were being extended from time to time. In the an year 2019, the Petitioner was added in Andhra Pradesh Corporation for outsourced Services (APCOS). From then onwards, the Petitioner was discharging duties as Data Entry Operator. Respondent No.2, vide proceedings dated 23.01.2024, the Petitioner was posted as Data Entry Operator in the office of Respondent No.4. 3. As the Petitioner was unwell, he sought medical leave for a period of 10 days. On that Rc.No.Spl.SCN/AS/D1/PVP Mnayam/2024, dt.29.01.2024, stating that the Petitioner count. a show cause notice was issued vide was relieved from the office of Respondent No.2 and had not reported for duty in the office of Respondent No.4, and explanation was called for from the Petitioner. The Petitioner submitted his explanation on 29.01.2024 and requested for retention at Vijayawada. Subsequently, Respondent No.2 issued another show cause notice 13.02.2024, vide Rc.No.Spl.SCN/AS/D1/PVP Mnayam/2024, wherein it is stated that the Petitioner had failed to report for duty on 30.01.2024 in spite of notices. The Petitioner reported to his duty on 17.02.2024 in the office of Respondent No.4 by submitting his joining report, enclosing copies of his casual leave and medical leave application. Even though, the impugned proceedings dated 15.03.2024 were passed, removing the Petitioner with immediate effect. Questioning the same, the present writ petition is filed. 4. on In the counter-affidavit, it is stated that the Petitioner had fraudulently attached the attendance certificates issued by the Drug Inspector, Parvathipuram, pertaining to the months of September 2023 and October 2023 with a malafide intention, instead of the attendance for the months of November 2023 and December 2023. The said bills were processed by the Petitioner as a Data Entry Operator in the Establishment Section, O/o The Director General, Drugs Control Administration, Vijayawada. The salaries of both the DEOs were stopped from January 2024. This misdemeanor of the Petitioner proved that he was hand in glove with one Ponnada Ugra Lakshmi Narasimha Murthy (the Petitioner in W.P.No.7353 of 2024), which resulted in drawing an excess amount from the Government Treasury. Owing to the 5. 5 repeated and long periods of absence from the duty without any prior sanction from the leave sanctioning authority, and based on the show cause notices dt.29.01.2024 and 13.02.2024 issued by the Drugs Inspector, Parvathipuram, and owning to lack of reasonable grounds which the Petitioner could offer for such indiscipline and prolonged periods of unauthorized absence, the Petitioner was removed from the service on 15.03.2024. In the considered opinion of this Court, the impugned order was passed 6. the basis of the Petitioner's fraudulent submission of attendance on certificates for incorrect months, collusion with another individual leading to excess drawal from the Government Treasury, and repeated unauthorized absence from duty without prior sanction, as mentioned in the counter affidavit, refer to various allegations against the Petitioner. The impugned order, per se, may not amount to be stigmatic. However, a reading of the final show cause notice, as referred to in the counter-affidavit, shows that the Petitioner is removed from services on allegations and a blot is 7. being cast with regard to his future employment. A Hon’ble Division Bench of erstwhile High Court of Andhra Pradesh in 8. “State of A.P v. K.Madhu Phani and Another” (2017 SCO OnLine Hyd 827: (2018) 1 ALT 125 (DB), wherein it was held that even Outsourcing Employee cannot be stigmatized without any enquiry. In that view, the Writ Petition is allowed by setting aside the impugned 9. order dated 15.03.2024. No costs. 6 As a sequel, the miscellaneous petitions if any shall stand closed. Sd./- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, Health, Medical and Family Welfare Department, State of Andhra Pradesh, Secretariat Velagapudi Amaravati, Guntur District. 2. Director General, Drugs and Copyrights, Drugs Control Administration Government of Andhra Pradesh, ‘ Campus, Vijayawada, Krishna District 520 008. SMC (Siddartha Medical College) (Presently NTR District), PIN - 3. Assistant Director, Drugs Control Administration, Department Medical and Health Plot No.70, RK Nagar Colony, Opp- Douglas High School, Srikakulam Town, Srikakulam District - 532001. 4. Drugs Inspector and District Drugs Administration, Medical and Health Department Hotel, Bypass Road, Parvathipuram, Parvathipuram PIN-535501. Control Officer, Drugs Control Opp- Bhaskara Grand Manyam District, 5. One CC to Sri Srinivas Ambati, Advocate [OPUC] 6. TwoCCsto GP for Services-IV, High Court of Andhra 7. Two CD Copies. Pradesh [OUT] ssb HIGH COURT DATED:30/07/2025 ORDER WP No.7859 OF 2024 5 11 SEP 2025 ^ Current Section ALLOWING THE W.P. WITHOUT COSTS