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2025 DAILYLAW 22046 (AP)

DUVVANA ASIRAYYA v. The State of Andhra Pradesh

WP/15707/2025 · 2025-06-29

Challa Gunaranjan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I I APHC010311122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WM MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15707 OF 2025 Between: Duvvana Asirayya, S/o. Ramulu, Aged: 42 years, Occ: Field Assistant (Suspension), R/o. Tirupathipalem Gram Panchayat, Ranasthalam Mandal, Srikakulam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. Project Director-cum-Additional District Programme Coordinator of MGNREGS, District Water Management Agency, Srikakulam District. ...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 declaring the impugned proceedings in Rc.No.82/2024/EGS(FA.Tptypalem-Rns)/HR, dt. 20.09.2024 issued by the 2 respondent thereby suspended the petitioner from the post of Field Assistant working in China Tirupathipalem Gram Panchayat in Ranasthalam Mandal of Srikakulam District, is illegal, arbitrary, violative of principles of natural justice. nd contrary to the provisions of National Rural Employment Guarantee Scheme Act, 2005 and offends Articles 14 21 of Constitution of India and consequently set aside the proceedings dt. 20.09.2024 and direct the 2 respondent to reinstate the petitioner into service for the said post. nd 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 operation of proceedings in Rc.No.82/2024/EGS(FA.Tptypalem- Rns)/HR, dt. 20.09.2024 issued by the 2"^ respondent and consequently direct the Respondent to reinstate the petitioner into service in the post of Field Assistant working in China Tirupathipalem Gram Panchayat in Ranasthalam Mandal of Srikakulam District Counsel for the Petitioner: SRI SRINIVAS AMBATI Counsel for the Respondent No.1; GP FOR SERVICES I Counsel for the Respondent No.2: SRI M.S.R. CHANDRA MURTHY, SC FOR MGNREGS The Court made the following order: APHC0103111220 2 5 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0|^l- [3506] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15707/2025 Between: Duvvana Asirayya ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SRINIVAS AMBATI Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: ORDER; The present writ petition is filed questioning the proceedings dated 20.09.2024 issued by respondent No.2 placing petitioner under suspension, pending enquiry to be arbitrary, illegal and contrary to MGNREG Act, 2005, and guidelines framed thereunder. 2. Petitioner while working as Field Assistant, Tirupathipalem Gram Panchayat has been placed under suspension pending enquiry. Petitioner has submitted explanation dated 05.10.2024 to the charges leveled against him, however, the enquiry has not been concluded. In terms of Field Assistants Human Resource Policy (FAHRP), in particular clause 13-B(5), the enquiry/disciplinary proceedings shall be completed within 30 days. In this even after lapse of considerable period, the enquiry has not been \ case, concluded. 3. Heard Mr.Srinivas Ambati, learned counsel for the petitioner, learned Assistant Government Pleader for Services I for respondent No.1 and Sri M.S.R.Chandra Murthy, learned Standing Counsel for respondent No.2. 4. Learned Standing Counsel appearing for respondent No.2 instructions submits that the enquiry will be concluded within three weeks from today. on 5. In view of the aforesaid submissions, with the consent of both the learned counsel, the writ petition is disposed at admission stage directing the respondents to conclude the enquiry and pass appropriate orders after providing due opportunity to petitioner within a period of three (03) weeks from today, failing which, respondents shall reinstate the petitioner into forthwith subject to the enquiry. service Accordingly, the Writ Petition stands disposed of. There shall be order as to costs. 6. no As a sequel, miscellaneous applications, pending if any, shall stand closed. Sd/- M. SRINIVAS assistant registrar //TRUE COPY// SECTION OFFICER . 'it To, 1. The Principal Secretary to Government, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Velagapudi, Amaravati, Guntur District. 2. Project Director-cum-Additional District Programme Coordinator of MGNREGS, District Water Management Agency, Srikakulam District. 3. One CC to Sri Srinivas Ambati, Advocate [OPUC] 4. One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS[OPUC] 5. Two CCs to GP for Services-I, High Court of Andhra Pradesh [OUT] 6. Two CD Copies Secretariat, ssb ’ll s* HIGH COURT DATED:30/06/2025 ORDER WP No.15707 OF 2025 OF I 23JUt?025 . Curreni ieciion ^ 8=> DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS