IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 9413 OF 2025 r*' :'v». 'A PiA-.. V\ Between: Dakshina Kasi Brahmaji, age about 33 years, Occ. APCOS PH Driver, R/o. H.No.3-10, behind Panchavath Office Karukuvada Bethapudi, Bhimavaram Mandal, West Godavari District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Muncioal Administration and Urban Development, Velagapudi, Amaravathi. 2. The Andhra Pradesh Corporation for Out Sourced Services (APCOS) Vi^^’ya^ NTR oTstri^^^^ ^ Person and Ex- Officio Executive Director, District level Committee, APCOS., West Godavari District Bhimavaram. 4. The Bhimavaram Municipality, Rep. by its Commissioner at Bhimavaram Town, West Godavari District. presently ...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 may an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the the respondents in action of discontinuing/terminating the petitioner from his as a driver in Public Health Department of Bhimavaram services. Municipality, West Godavari district, as illegal, arbitrary and violation of principles of natural justice and consequently set aside the same and direct ;ina' the respondents to continue the services Of the Health Department of Bhimavaram lA NO: 1 OF 9noi: petitioner a driver in Public Municipality. West Godavari District. Petition under Section 151 stated in the affidavit filed i CPC praying that in the circumstances may be pleased to direct th'" .titioner a driver in Public West Godavar, district, pending disposal of the above Municipality writ petition. Counsel for the Petitioner : Counsel for the Respondent Nos. Counsel for the Respondent No. SRI K. V. L. NARASIMHA RAO 1 & 3 : GP FOR SERVICES I 2 : SRI BHIMA RAO, SC FOR APCOS VALUBI^AjENri"^^^^^^^ The Court made the following: ORDER \ ^ APHC010177612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 9413/2025 Between: Kadiyam Aravind Swamy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.KVLNARASIMHA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 CGR, J W.P.No.9413 of 2025 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in discontinuing/terminating the petitioner from his services, as a driver in Public Health Department of Bhimavaram Municipality, West Godavari district, as illegal, arbitrary and violation of principles of natural justice and consequently set aside the same and direct the respondents to continue the services of the petitioner a driver in Public Health Department of Bhimavaram Municipality, West Godavari district and to pass such other order or orders...” 2. Heard Sri K.V.L.Narasimha Rao, learned counsel for the petitioner, learned Assistant Government Pleader for Services-I for respondent Nos.1 and 3, Sri Bhima Rao, learned Standing Counsel for respondent No.2 and Ms V.Sireesha Rani, learned Standing Counsel for respondent No.4. 3. The petitioner was initially appointed as Driver in the year 2010, through outsourcing agency and working with 4^^ respondent- Municipality. He has been paid salary through 2'^'^ respondent. All of a sudden, he was stopped for attending duties from 01.10.2024, without any prior notice or inquiry. As the petitioner was improperly prevented from attending duties, he submitted representations dated 25.11.2024, 02.12.2024 and 19.12.2024. Later, when he made an ' application under RTI Act to the 4’^ respondent on 08.12.2024, 3 CGRJ W.P.No.9413 of 2025 seeking certain information with respect to attendance register and Si payment of salary etc., there was no response. However, on further appeal the same came to be furnished. The petitioner was informed by proceedings vide L.Pari.No.A/39/2024/PGRS, dated 28.12.2024, by the respondent, that his services came to be terminated, in view of participation in political activities. Assailing the same, the present writ petition is filed. Learned counsel for the petitioner submits that the impugned proceedings dated 28.12.2024 is communicated by the 3 respondent, at the instance of 4*^ respondent, were without any prior inquiry or issuance of a show cause notice. As the punishment of termination from service is a major penalty, the petitioner ought to have been issued show cause notice calling for explanation. Terminating the petitioner from service without conducting any inquiry is wholly illegal and arbitrary. 4. rd 5. th Learned Standing Counsel appearing on behalf of the 4 respondent has placed on record the written instructions dated 15.04.2025, inter alia, stating that petitioner has found to be involved in political activities during the General Elections 2024, in view of Model Code of Conduct, his services came to be terminated. The said written instructions also states that the said termination order 4 CGRJ W.P.No.9413 of 2025 was passed without giving any prior notice and inquiry. The relevant portion of instructions read as under: “...Hence, due to participation in political party meeting & canvassing for political parties Sri K.Aravind Swamy, outsourced Public Health Driver will be terminated from service without giving any prior notice, as per the provisions laid down in Model Code of Conduct during General Elections 2024...” 6. As the written instructions categorically admit that the petitioner’s services came to be terminated without any prior inquiry, much less issuance of show-cause notice, the impugned proceedingsdated 28.12.2024are liable to be set aside. 7. In view of the same, the Writ Petition is disposed of, by setting aside the impugned proceedings vide L.Pari.No.A/39/2024/PGRS, dated 28.12.2024, directing the respondents to reinstate the petitioner into service forthwith. However, the respondents are at liberty to initiate an inquiry, if they choose to do so, by following due process of law and affording an opportunity of hearing to the petitioner. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. sectBn //TRUE COPY// OFFICER To, ^' Deve'i'Zmpnt Administration and Urban Deveiopment, State of Andhra Pradesh, Velagapudi, Amaravathi. Corporation for Out Sourced Services Bus Station, Vijayawada, 3. The Collector - cum - Chair Person and Ex- Officio Executive Director, District level Committee, APCOS., West Godavari District, presently Bhimavaram. The Commissioner, Bhimavaram Municipality, at Bhimavaram Town, West Godavari District, One CC to Sri K. V. L. Narasimha Rao, Advocate [OPUC; Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] One CC to Mrs. Sireesha Rani Vallabhaneni, SC for Municipality (OPUC) One CC to Sri Bhima Rao, SC for APCOS (OPUC) Three C.D. Copies. 4. 5. 6. 7. 8. 9. Cnr HIGH COURT DATED: 16/04/2025 ORDER WP.No.9413 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS