[3506 ] IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12502 OF 2025 Between: Kondepudi Gangabhavani, D/o.Verriyya, aged about 37 years, Occ; Field Assistant under MGNREGS, Ainapuram Gram Panchayat, Mumidivaram Mandal, Dr.B.R.Ambedkar Konaseema District, R/o.D.No.7-15, Peddapeta, Ainapuram Village, Mumidivaram Mandal, Dr.B.R.Ambedkar Konaseema District. ...PETITIONER AND 1. The State of Andhra Pradesh, Through the Principal Secretary, Department of Panchayat Raj and Rural Development, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Projector Director, District Water Management Agency, Dr.B.R.Ambedkar Konaseema Authority under MGNREGS. 3. The Mandal Parishad Development Officer/ Programme Officer, MGNREGS, Mumidivaram Mandal District. District, At Amalapuram/Primary Dr.B.R.Ambedkar Konaseema ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Coi^ct may be pleased to issue an appropriate writ, order or direction more par|fularry^^ne in the nature of Writ of MANDAMUS declaring the prgglidi^^Issued in R.C.NO.HR/C13/EGS/DWMA/KNSM/2024. dated 25-01-2025 issued by the 2nd respondent wherein and where under the services of the petitioner was directed to show cause notice for the alleged lapses mentioned therein and also kept under suspension as illegal, arbitrary, violative of principles of natural justice and also violative articles 14 and 21 of the Constitution of India and also contrary to the service conditions dated 08-01-2013 and consequently direct the respondents to continue the petitioner as field assistant of Ainapuram Gram Panchayat Mumidivaram Mandal Dr.B.R.Ambedkar Konaseema District under MGNREG Scheme with ail benefits. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of impugned proceedings in R.C.No. HR/C13/EGS/DWMA/KNSM/2024, dated 25-01-2025 of the 2"^^ respondent. Counsel for the Petitioner(s):SRI. P V V SATYANARAYANA Counsel for the Respondents: GP FOR SERVICES I Counsel for the Respondents: SRI M.S.R. CHANDRA MURTHY, SC FOR DISTRICT WATER MANAGEMENT AGENCY Counsel for the Respondents: SRI G. SRINIVASULU REDDY, STANDING COUNSEL The Court made the following: f APHC010233452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12502/2025 Between: ...PETITIONER Kondepudi Gangabhavani AND The State Of Ap and Others Counsel for the Petitioner: ...RESPONDENT(S) 1. P VV SATYANARAYANA Counsel for the Respondent(S): 1.GPFOR SERVICES I The Court made the following: ORDER: The present writ petition is filed with the following prayer: “ to issue an appropriate writ order or direction more particularly one in the nature of Writ of MANDAMUS proceedings HR/C13/EGS/DWMA/KNSM/2024 dated 25012025 issued by the 2nd respondent wherein and where under the services of the petitioner was directed to show cause notice for the alleged lapses mentioned therein and also kept declaring the issuedin RC.NO 2 - CGR, J. .WPNo.12502 of 2025 under suspension as illegal arbitrary violative of principles of natural justice and also violative articles 14 and 21 of the Constitution of India and also contrary to the service conditions dated 08012013 and consequently direct the respondents to continue the petitioner as field assistant of Ainapuram Gram Panchayat Mumidivaram Mandal Dr B R AmbedkarKonaseema District under MGNREG Scheme with ail benefits and to pass....” 2. Heard Sri P.V.V.Satyanarayana, learned counsel for the petitioner and learned counsels for the respondents. 3. Petitioner was appointed as Field Assistant on 21.05.2007 at Ainapuram Gram Panchayat under Mahathma Gandhi National Rural Employment Guarantee Scheme. Certain allegations were made against him by the respondents, and she was temporarily removed from service by placing her under suspension vide proceedings dated 21.05.2025 issued by respondent No.2, besides calling upon her to submit explanation to the charges levelled against her. Petitioner has submitted her explanation on 01.02.2025 refuting the said charges. 4. Learned counsel for the petitioner submits that respondent No.2 ought not to have directly placed petitioner under suspension without there being any enquiry and show cause notice would refer 13 (B)(2) Field Assistant Human Resource Policy. CGR, J. .W.PNo. 12502 of 2025 5. Sri M.S.R. Chandra Murthy, learned Standing Counsel appearing for the respondents, submits that in terms of Clause 13(B)(5), respondent No.2 is empowered to place the Field Assistant under temporary out-of-contract employment thereafter issue a show cause notice containing the charges, which has been followed in the present and case. As the petitioner has already submitted her explanation, the enquiry would be concluded within thirty (30) days, as provided under Clause 13(B)(5). 6. In view of the aforesaid submissions, and having regard to Clause 13(B)(5), which envisages that a Field Assistant may be placed under temporary out-of-contract employment followed by a show cause notice, the contention of the petitioner cannot be f accepted. 7. It is needless to mention that respondent No.2 shall provide a copy of the complaint and the enquiry report, based on which the present enquiry is being conducted, before proceeding further with the enquiry. 8. Accordingly, the Writ Petition is disposed of without expressing any opinion on the merits of the case, by directing respondent No.2 to conclude the enquiry within a period of thirty (30) days from the date of receipt of a copy of this order, by CGR, J. W. .P No. 12502 of 2025 providing the petitioner an opportunity and passing an appropriate speaking order in accordance with law. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. / \ SD/-K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// ^ecti^ItcOFFICER To, T The Principal , Development, State Amaravati. Guntur 2. The Secretary, Department of Panchayat Raj and Rural Secretariat, Velagapudi, of Andhra Pradesh, District.fBy Special Messenger] Projector Director, Dr.B.R.Ambedkar District Water District, Management Agency, Amalapuram/Primary Konaseema Authority under MGNREGS 3- The Mandal Parishad r MGNREGS, Mumidivaram Dfstrict.f2 & 3 by RPadj At Development Officer/Programme .. Officer, Manda,,Dr.B.R.Ambedkar Konaseema 4- One CC to SRI. P VV SATYANARAYANA Advocate CHANDRA MURTHY agency fOPUCJ SRINIVASULU REDDY fOPUCJ SC FOR DISTRICT 5- OneCCto SRI M. WATER MANAGEMENT 6. One CC to SRI G. fOPUCJ 7. Two CCs to GP fOUTJ 8- Three CD Copies S.R. STANDING Counsel POR SERVICES I High Court Of Andhra Pradesh. . ^ HIGH COURT DATED:08/05/2025 ORDER ^ 2 3 JUN 2025 is4IJ!n»ntSect| ^■^ggauss WP.No.12502of 2025 m Co ★ THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS