K. IN THE HIGH COURT OF ANDHRA PRADESH :: AM (Special Original Jurisdiction) i THURSDAY, THE NINETEENTH DAY OF JU TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No: 13715 OF 2025 Between: Komma RamaKrishna, S/o.Ramayya, aged about 47 years R/o. Kamineni Palle, Sirivellamandalam, Nandyal Distsrict, B.P. ...PETITIONER AND The State of Andhra Pradesh, Rep. by the Principal Secretary, Rural Development Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The Commissioner, Rural Development, Tadepalli, Guntur District. The District Collector, Nandyal, Nandyal District. The Project Director, District Water Management Agency, Nandyal District, A.P., The Mandal Parishad Development Officer, Sirivella Mandal, Nandyal District, A.P., S.Rambhupal Reddy, S/o not known, Kaminenipalle, Sirivella Mandal, Nandyal District. 1. 2. 3. 4. 5. 6. ...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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declare the Proceedings Rc.No.09/2025/HRM/DWMA/NDL, dt.30.4.2025 of the 4*'^ Respondent as illegal, arbitrary, motivated and contrary to the very spirit of initiation of the I* >■<> MahaHaiM Gandhi National Rural Employees Guarantee Scheme (mgnfIIgs). ' -f 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 Rc.No.09/2025/HRM/DWMA/NDL, dt.30.4.2025 of the 4'^ Respondent pending disposal of Writ Petition, and to pass Counsel for the Petitioner: SRI D.KASIM SAHEB Counsel for the Respondent No.1: ASST.GP FOR SERVICES-I Counsel for the Respondent Nos.2 to 4: SRI M.S.R.CHANDRA MURTHY, SPECIAL SC FOR MGNREGS Counsel for the Respondent No.5: SRI G.SRINIVASA REDDY The Court made the following: ORDER APHC010254192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13715/2025 Between: Komma Ramakrishna ...PETITIONER AND The State of Andhra Pradesh and Others Counsel for the Petitioner: 1.D KASIM SAHEB Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: ...RESPONDENT(S) ORDER: The present writ petition is filed seeking the following relief: to issue a writ, order or direction, more particularly, one in the nature of Writ of Mandamus, declare the Proceedings Rc.No.09/2025/HRM/DWMA/NDL, dated 30.04.2025, of the Respondent, as illegal, arbitrary, motivated, and contrary to the very spirit of initiation of the Mahathma Gandhi National Rural Employment Guarantee Scheme MGNREGS, and pass...” Heard Sri D.Kasim Saheb, learned counsel for the petitioner 2. and learned Assistant Government Pleader for Services-I for 2 respondent No.1; Sri M.S.R. Chandra Murthy, learned standing counsel, appearing for respondents 2 to 4 and Sri G.Srinivasa Reddy, learned counsel for the respondent. Petitioner was appointed as Field Assistant of Kaminenipalli Village, Sirivella Mandal, Nandyal District, on 03.05.2007, and since Based on certain 3. then, he has been discharging functions, allegations, petitioner was issued charge-memo, dated 28.02.2025 and called upon to submit explanation. Petitioner has submitted The explanation on 23.04.2025 refuting aforesaid allegations, respondents, however pending enquiry, have issued suspension orders, dated 30.04.2025, placing the petitioner under temporary suspension pending finalisation of the enquiry, thereafter called upon to participate in the enquiry on 21.05.2025 and that petitioner attended to the enquiry, however, so far no final orders have been passed. Petitioner was Learned counsel for the petitioner submits that respondents have issued charge-memo on 28.02.2025, and petitioner already submitted explanation on 23.04.2025. The respondents, instead of concluding the enquiry, within 30 days as contemplated under Clause 13B(5) of the Field Assistants Human Resource Policy, have resorted 4. 3 to place the petitioner under suspension, which is completely arbitrary and illegal. He further submits that even after the petitioner has participated in the enquiry, the respondents have deliberately not concluding the same and not passed the final orders and in the meanwhile they are taking steps to appoint an alternative candidate in place of the petitioner. 5. Learned Standing Counsel Sri M.S.R. Chandra Murthy appearing for the respondents 2 to 4, on the other hand, placed on record written instructions, inter alia, stating that pending enquiry. petitioner has been placed under suspension by order, dated 30.04.2025, and later he was called upon to participate in the enquiry. for which, petitioner attended for hearing on 21.05.2025, and now the respondents are likely to conclude the proceedings at any time. No doubt, petitioner was issued charge-memo on 28.02.2025 6. for which he submitted explanation on 23.04.2025, as rightly contended by the learned counsel for the petitioner, the enquiry ought to have completed within 30 days in terms of Clause 13B(5) of the Field Assistants Human Resource Policy, and without doing so, the respondents have resorted to suspend the petitioner pending enquiry. Even after that, the enquiry is not being concluded and hearing was 4 held on 21.05.2025, and even thereafter, almost after four weeks, still no final orders have been passed. 7. In view of the same, the writ petition is disposed of directing the 4^*^ respondent to conclude the enquiry within two weeks from the date of receipt of a copy of this order and pass appropriate speaking orders and till the said order is passed, the impugned order of suspension. dated 30.04.2025, shall stand suspended and petitioner be permitted to discharge his duties. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// S OFFICER To, 1. The Principal Secretary, Rural Development Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, 2. The Commissioner, Rural Development, Tadepalli, Guntur District. 3. The District Collector, Nandyal, Nandyal District. 4. The Project Director, District Water Management Agency, Nandyal District, Andhra Pradesh. 5. The Mandal Parishad Development Officer, Sirivella Mandal, I District, Andhra Pradesh. 6. One CC to Sri D.Kasim Saheb, Advocate [OPUC] 7. Two CCs to GP for Services-I, High Court of Andhra Pradesh. 8. One CC to Sri M.S.R.Chandra Murthy, Special SC for MGNREGS. [OPUC] 9. One CC to Sri G.Srinivasa Reddy, Advocate [OPUC] Three CD Copies. Nandyal [OUT] 10. gi HIGH COURT DATED; 19/06/2025 ORDER WP.No.13715 of 2025 X iSJUN/fW d ^ Cun*"' Secuo" petition WITHOUT COSTS