Smt.Dasari Jayasree v. The State of Andhra Pradesh,
WP/9589/2025 · 2025-04-16
Challa Gunaranjan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14927 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14927 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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: 9589 OF 2025 Between: Smt.Dasari Jayasree, W/o Sudheer, aged 30 years, Field Assistant (Under Temporary Suspension), MGNREGA at Velavarthipadu Grama Panchayat, Resident of Velavarthipadu Village and Post, Medikonduru Mandal, Guntur District, Andhra Pradesh-522438 ...Petitioner AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary Department of Rural Development, Secretariat Buildings at Veiagapudi, Guntur District, Andhra Pradesh. 2. The Project Director-cum-Additional District Programme Coordinator of MGNREGS and District Water Ma, at Guntur, Andhra Pradesh. ...Respondents 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 or order or direction more particularly one in the nature of writ of mandamus to declaring the proceedings in Rc.No.111/FA SM/2023 dated 03.02.2025 issued by the 2nd Respondent/PD thereby temporary suspended the petitioner from the post of Field Assistant working at Velavarthipadu Grama Panchayat, Medikondur Mandal, Guntur District without conducting proper enquiry and procedure as illegal. irregular, arbitrary, violations of the principles of natural justice, contrary to the provisions of National Rural Employment Guarantee Scheme Act, 2005 and offends Articles 14,19,21 and 300-A of the Constitution of India and consequently, set aside the proceedings in Rc.No.111/FA SM/2023 dated 03.02.2025 issued by the 2nd respondent/PD and further direct the 2nd respondent to reinstate the petitioner into service for said post lA NO: 1 OF 2025 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 to suspend the proceedings in Rc.No.111/FA SM/2023 dated 03.02.2025 issued by the 2nd respondent/PD and further direct the 2nd respondent to reinstate the petitioner into service for said post of Field Assistant working Velavarthipadu Grama Panchayat, Medikondur Mandai pending disposal of the above writ petition. Counsel for the Petitioner; SRI. RAJA SEKHAR SYKAM Counsel for the Respondent No.1: GP FOR SERVICES I Counsel for the Respondent No.2: SRI MSR CHANDRA MURTHY SC FOR MGNREGS The Court made the following order:
APHC010187662025 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: 9589/2025 Between: Smt.Dasari Jayasree ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner;
1.RAJASEKHAR SYKAM Counsel for the Respondent{S):
1.GP FOR SERVICES ! The Court made the following order: The Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:-
“ to declare the proceedings in Rc.No.111/FA SM/2023 dated 03.02. 2025 issued by the 2 nd Respondent/PD thereby temporary suspended the petitioner from the post of Field Assistant working at Velavarthipadu Grama Panchayat, Medikondur Mandal, Guntur District without conducting proper enquiry and procedure as illegal, irregular, arbitrary, violations of the principles of natural justice, contrary to the provisions of National Rural Employment Guarantee Scheme Act, 2005 and offends Articles 14, 19, 21 and 300-A of the
2 CGR,J W.P.No.9589 of2025 Constitution of India and consequently, set aside the proceedings in Rc.No.111/FA SM/2023 dated 03.02,2025 issued by the 2 respondent/PD and further direct the 2"'^ respondent to reinstate the petitioner into service for said post. ” nd
2. Heard Sri Sykam Rajasekhar,
learned counsel for the petitioner, learned Assistant GovernmentPleader for Services-I for the 1®' respondent and Ms.P.Revathi, learned counsel representing Sri M.S.R.Chandra Murthy, learned Standing Counsel for the 2 respondent. nd
3. The petitioner was appointed as Field Assistant at Velvavarthiapadu Grama Panchayat, Medikonduru Mandal, Guntur District on
20.01.2024. Based on certain allegations, she was issued temporary suspension orders on 03.02.2025, besides calling upon her to submit explanation for aforesaid allegations. The petitioner said to have submitted explanation on 11.02.2025, however, the respondents have not concluded the enquiry even after lapse of more than two months.
4.
Learned counsel for the petitioner submits that in terms of Rule 13 B (5) of Field Assistants Human Resource Policy, the enquiry ought to have been completed within thirty (30) days from the date of such temporary suspension. "N
3 CGR, J W.P.No.9589 of 2025 nd Learned Standing Counsel appearing on behalf of the 2
5. respondent has placed on record the written instructions dated 15.04.2025, stating that the enquiry against the petitioner is going on and the same is conducted strictly in accordance with the procedure contemplated under the aforesaid policy. As explanation of the petitioner was not found to be satisfactory, the 2'^'^ respondent has decided to conduct enquiry with Assistant Project Director, Guntur, who is supposed to submit enquiry report and once the same is made available, the respondents would take necessary further steps in the matter. In view of the fact that the petitioner has already been issued
6. temporary suspension / show-cause notice on 03.02.2025, for which proper explanation was submitted on 11.02.2025, in terms of Rule 13 B (5) of Field Assistants Human Resource Policy, the enquiry should have been completed within thirty (30) days. 7. Though the respondents, in the v^ritten instructions, try to justify that the enquiry is still uncompleted and that they are awaiting the report of respondent No.2, this Court is inclined to dispose of the writ petition with a direction to the 2 respondent to complete the enquiry within thirty (30) days from today by passing appropriate speaking orders, after affording an opportunity of hearing to the petitioner. ^5 4 CGR,J W.P.No.9589of2025 It is made clear that in case the 2^^^ respondent is taking aid of
8. the report stated to be awaited from Assistant Project Director Guntur, the same shall have to be furnished to the petitioner before conducting the hearing. With the above directions, the Writ Petition stands disposed
9. of. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- U.SRI DEVI ASSISTANT^ REGISTRAR 6tidnofficer //TRUE COPY// SE To, The Principal Secretary Department of Rural Development, State of Andhra Pradesh, Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. 1. The Project Director-cum-Additional District Programme Coordinator of MGNREGS and District Water Ma, at Guntur, Andhra Pradesh. 2. One CC to Sri. Raja Sekhar Sykam Advocate [OPUC]
3. 4. One CC to Sri.
M S R Chandra Murthy SC for MGNREGS [OPUC] Two CCs to GP for Services I, High Court Of Andhra Pradesh. [OUT]
5. 6. Three CD Copies GSC
HIGH COURT DATED:16/04/2025
ORDER WP.No.9589 of 2025 1 23 AW 2025 ^ Current Senion . ^ DISPOSING THE WP WITHOUT COSTS