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High Court of Andhra Pradesh · body

2025 DAILYLAW 14584 (AP)

Challa Venkateswarlu, v. THE STATE OF ANDHRA PRADESH

WP/9322/2025 · 2025-04-09

Challa Gunaranjan

body2025

Judgment text

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APHC010180972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY ,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 9322/2025 Between: Challa Venkateswarlu, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SRINIVAS AMBATI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 2 CGR, J W.P.No.9322 of 2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India for the following relief: “…issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Memo dated 09.01.2025 in Rc.No.01/2025/MGNREGS issued by the 4th respondent and the action of the respondents 2 to 5 in not continuing and allowing the petitioner to discharge his duties as Field Assistant working in Chagallu Gram Panchayat in Nagarikallu Mandal of Palnadu District, without there being any suspension or termination orders, as illegal, arbitrary, violative of the provisions of Field Assistants Human Resource Policy and Mahatma Gandhi National Rural Employment Guarantee Scheme Act, 2005 and offends Articles 14 and 21 of the Constitution of India and consequently set aside the Memo dated 09.01.2025 and further direct the respondents 2 to 5 to continue and allow the petitioner to discharge his duties as field assistant working in Chagallu gram panchayat in Nagarikallu Mandal of Palnadu District and pass such other order or orders…” 2. Heard Sri Srinivas Ambati, learned counsel for the petitioner; learned Assistant Government Pleader for Services-I appearing for the 1st respondent; Sri M.S.R. Chandramurthy, learned Special Counsel appearing for respondent Nos.2, 3 and 5; and Sri G. Sriniviasula Reddy, learned counsel for the 4th respondent. 3. The case of the petitioner is that he was appointed and has been working as Field Assistant since 26.03.2021. Based on certain allegations, he was issued a charge memo vide Rc.No.01/2025/MGNREGS, dated 09.01.2025, which pertains to 3 CGR, J W.P.No.9322 of 2025 dereliction of duties, and he was called upon to submit an explanation. The petitioner submitted his explanation to the 4th respondent on the very same day i.e., on 09.01.2025. 4. While the matter stood thus, the petitioner has now been prevented from attending to his duties on the pretext of the pendency of aforesaid enquiry. 5. Learned counsel for the petitioner submits that the 4th respondent is not the competent authority to initiate any enquiry against the petitioner, much less to prevent him from attending to his duties. 6. Sri M.S.R. Chandramurthy, learned Special Counsel appearing for the 4th respondent, on written instructions of the 3rd respondent dated 08.04.2025, submits that the 4th respondent has only called upon the petitioner to submit his explanation. Upon receiving the explanation, the same will be forwarded to the 2nd respondent, who is competent to decide the further course of action. As of now, no such explanation has been submitted, but, necessary steps will be taken in accordance with the law. 7. In view of the aforesaid submissions and with the consent of both learned counsel, the Writ Petition is disposed of, at the stage of admission, with a direction to respondent Nos.4 and 5 not to 4 CGR, J W.P.No.9322 of 2025 interfere with the petitioner’s duties without following due process of law. It is made clear that in the event the 4th respondent proceeds with further action in pursuance of the impugned charge memo dated 09.01.2025, he shall be at liberty to do so, but the same shall be done strictly in accordance with the law. There shall no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________________ JUSTICE CHALLA GUNARANJAN 9th April 2025 cbn 5 CGR, J W.P.No.9322 of 2025 196 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.9322 of 2025 9th April, 2025 cbn