I I ■ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) APHC010284612025 0:^0 0 THURSDAY,THE TWENTY SIXTH DAY ‘ TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE CHALLA WRIT PETITION NO: 15109 OF OF JUNE gunaranjan Between: Darla Prasad, S/o. Papaiah, Aged 39 Grama Panchayat, Ardhaveedu Mandal, years, Occ; Field Assistant, Donakonda Prakasam District. ...PETITIONER AND 1. The State of Andhra f Panchayat Raj and RuralPradesh, Rep. by its Principal Secretary, Secretariat, Development Department, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Panchayat Raj and Rural Development. A.P. Vijayawada. 3. The District Collector/District Project Prakasam District at ongole. 4. The Project Director Coordinator, MGNREGS, DWMA, Joint Secretary, District Water Management Agency (MGNREGS) DWMA, Prakasam District at Ongole 5. The Mandal Parishad DevelopmentOfficer/Programme Praja Parishad, MGNREGS, -cum- Officer, Mandal A.P. Rural Development Department Ardhaveedu Mandal, Prakasam District 6. The Additional Programme Officer, Office of the Mandal Parishad A.P. Rural Development Department, , Prakasam District. Development Office, MGNREGS, B-peta Cluster, Ardhaveedu Mandal ...RESPONDENTS Petition under Articie 226 of the Constitution circumstances stated i of India praying that in the in the affidavit filed therewith, the High Court may be any other appropriate writ order pleased to issue a Writ of mandamus or or direction declaring the orders vide issued by the Respondent No.4 i Field Assistant of Donakonda Rc.No.D2/527/EGS/2024 dt. 15.04.2025 terminating the petitioner from the post of Gramapanchayat, without affording in any opportunity, without following any procedure. Sabha is illegal, arbitrary and without conducting any Grama set aside the same. consequently direct the petitioner as Fieid Assistant of Donakonda Prakasam District. respondents to continue the Gramapanchayat, Ardhaveedu Mandal, jA NO: 1 OF 2()9R Petition under Section 151 CPC praying that in the circumstances stated >n the affidavit filed in support of the petition, the High Court may be pleased to suspend the orders vide Rc.No.D2/527/EGS/2024 the Respondent No.4 by continuing Donakonda dt. 15.04.2025 issued by the petitioner as Field Assistant in Gramapanchayat. Ardhaveedu Mandal, Prakasam District, pending disposal of the above writ petition. Counsel for the Petitioner; SRI i Counsel for the Respondent Nos. Counsel for the Respondent Nos. N. ASWARTHA NARAYANA 1 & 2: GP FOR SERVICES-I 3,4 & 6:SRI M.S.R. CHANDRA MURTHY, SC FOR MGNREGS Counsel for the Respondent No. 5: M/s. B. V. APARNA LAKSHMI, SC zpp, Mpp & gram PANCHAYAT FOR The Court made the followingrORDER APHC010284612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15109/2025 Between: Darla Prasad ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. N ASWARTHA NARAYANA Counsel for the Respondent(S): 1.GP FOR SERVICES I 2.B VAPARNALAKSHMI The Court made the following: ORDER: Present writ petition is filed challenging the impugned order, dated 15.04.2025, passed by the respondent, removing petitioner as Field Assistant. 2. Petitioner was appointed as Field Assistant of Donakonda Gram Panchayat on 19.05.2011. Based on certain allegations, he CGR, J. W.P.No.15109 of 2025 was issued final show-cause notice, dated 17.03.2025, for which, petitioner stated to have submitted explanation, dated 26.03.2025, however, not considering the same and even not referring to, the impugned order came to be passed. 3. Learned counsel for the petitioner submits that impugned order suffers from non-consideration of petitioner’s objections, which is in violation of principles of natural justice. 4. Copy of the objections, dated 27.03.205, is placed on record. On perusal of the same, though they do not substantially deal with the allegations levelled against petitioner, but as the same is submitted in response to the final show-cause notice, it was incumbent upon the 4'^ respondent to consider the same and pass appropriate orders, which is lacking in the present order. On the aforesaid sole ground alone, the writ petition has to succeed. 5. Accordingly, the writ petition is allowed and the impugned order, dated 15.04.2025, passed by the 4**^ respondent is hereby set aside and the matter is remanded back to the 4*" respondent. Petitioner is permitted to submit explanation on merits within one week from today and thereafter, the 4*^ respondent shall consider the same and pass appropriate speaking orders after providing N, CGR, J. W.P.No.15109 of 2025 opportunity of hearing to the petitioner within a period of four weeks thereafter. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd./- N NAGAf/iFifiA assistant registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Panchayat Raj and Rural Development, A.P., Vijayawada. 3. The District Collector/District Project Coordinator, MGNREGS, DWMA, Prakasam District at Ongole. 4, The Project Director cum Joint Secretary, District Water Management Agency (MGNREGS) DWMA, Prakasam District at Ongole. 5. The Mandal Parishad Development Officer/Programme Officer, Mandal Praja Parishad, MGNREGS, A.P. Rural Development Department, Ardhaveedu Mandal, Prakasam District. 6. The Additional Programme Officer, Office of the Mandal Parishad Development Office, MGNREGS, A.P. Rural Development Department, B-peta Cluster, Ardhaveedu Mandal, Prakasam District. 7. One CC to Sri N. Aswartha Narayana, Advocate [OPUC] 8. One CC to Sri M.S.R. Chandra Murthy, SC for MNRES [OPUC] 9. One CC to M/s. B. V. Aparna Lakshmi, Advocate [OPUC] 10. Two CC’s to GP for Services-I, High Court of Andhra Pradesh[OPUC] 11. Three CD Copies. ssb .i^ HIGH COURT DATED;26/06/2025 ORDER WP No. 15109 of 2025 ALLOWING THE W.P. WITHOUT COSTS