APHC010224902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11160/2025 Between: M Kiran Kumar Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. D VIGNESHWAR REDDY Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.11160 of 2025 ORDER: This writ petition is filed under Article 226 of Constitution of India seeking following prayer: “to declare the proceedings in R.C.No.815/HR/FA/PLVD/ 2024, dated 21.04.2025 issued by the respondent No.3 terminating the petitioner from the post of Senior Mate of Sydhapuram Grama Panchyath, Thonduru Mandal, Y.S.R District without issuing any notice and without conducting any enquiry as arbitrary, illegal, colorable exercise of power and contrary to the well established principles apart from being violative of the fundamental rights guaranteed to him under Articles 14, 19 and 21 and of the Constitution of India and consequently set aside the same and pass such other order” 2. Heard Sri D.Vigneshwar Reddy, learned counsel for petitioner, learned Assistant Government Pleader for Services – I appearing for respondents 1 and 2, Sri M.S.R.Chandra Murthy, learned standing counsel, appearing for 3rd respondent and Smt.B.V.Aparna Lakshmi, learned standing counsel, appearing for 4th respondent. 3. Petitioner has been appointed as Field Assistant of Sydhapuram Gram Panchayat, Thonduru Mandal, YSR District, 2 CGR, J W.P. No.11160 of 2025 by proceedings dated 04.02.2025 and on such appointment, petitioner was asked to report with 4th respondent. Petitioner when tried to report with 4th respondent, he was not admitted to join duties. Later, petitioner had filed W.P. No.10922 of 2025 before this Court questioning the inaction of the respondents in allowing him to join the duties. But later, as the 4th respondent has submitted report dated 17.04.2025 that petitioner has misbehaved while discharging duties and recommended for disciplinary action, the 3rd respondent has passed impugned order dated 21.04.2025 removing the petitioner from service. 4. Learned counsel for petitioner submits that the impugned proceedings issued by 3rd respondent removing petitioner from service is in clear violation of principles of natural justice, as no enquiry was conducted before taking such decision. Even if assuming for sake of argument there are certain allegations, petitioner is entitled to be issued show-cause notice and only after affording opportunity to refute the same, the respondents are entitled to take further action. The procedure adopted by respondents is in clear violation of Field Assistants Human Resource Policy. 3 CGR, J W.P. No.11160 of 2025 5. Sri M.S.R.Chandra Murthy, learned standing counsel, appearing for 3rd respondent would submit that as petitioner was found indulging in misbehaviour while discharging duties, action has been initiated against him, however, he fairly conceded that the impugned order ought not to have been passed without proper enquiry. 6. In view of the aforesaid submission, having regard to the fact that respondents have not conducted any enquiry nor issued any prior show-cause notice to the petitioner in terms of Field Assistants Human Resource Policy, straight away removed petitioner from service by passing impugned order, the writ petition deserves to be allowed. 7. Accordingly, this writ petition is allowed and the impugned order vide R.C.No.815/HR/FA/PLVD/2024, dated 21.04.2025, passed by 3rd respondent is hereby set aside, however, respondents are given liberty to initiate fresh steps in case they intended to do so on the allegations which are reported by 4th respondent. In case such action is to be initiated, respondents shall conduct proper enquiry strictly in accordance with Field Assistants Human Resource Policy and pass appropriate orders. It is further directed that respondents shall forthwith allow 4 CGR, J W.P. No.11160 of 2025 petitioner to discharge duties as Field Assistant of Sydhapuram Gram Panchayat, Thonduru Mandal, Y.S.R.District. No costs. As a sequel, interlocutory applications pending, if any, shall stand closed. _______________________ CHALLA GUNARANJAN, J 29.04.2025 SS