APHC010312322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15663 OF 2025 Between: Mandala Naresh, S/o Chinna Subbaiah, Occ. Driver (Terminated) Aged 32 years, R/o. P. Kandrika, Ponguru, Nellore, Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Special Chief Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi at Velagapudi, Guntur District. 2. The Returning Officer/ Commissioner of Municipal Corporation, Nellore, 117- Nellore City Assembly Constituency, Nellore District. 3. The Nellore Municipal Corporation, Rep. by its Commissioner, Nellore, Nellore District. 4. The Superintending Engineer, Engineering Department Municipal Corporation, Nellore, Nellore District. 5. The AP Corporation for Outsourced Services APCOS, Rep. By its Managing Director, 2nd Floor, NTR Administrative Block Station, Vijayawada, NTR District. Secretary, Nellore PN Bus ...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 proceedings in ROC.NO.254/2/2024/APCOS dated 04.04.2024 passed by Respondent No.2 wherein removing the Petitioner from the post of Driver, Engineering Department, Nellore Municipal Corporation, Nellore District just basing on newspaper clipping dt. 04.04.2024 that petitioner has participated in election campaigning for one political party, without conducting any enquiry, without issuing show cause notice and without furnishing Enquiry Report and without following principles of natural justice is illegal, irregular, arbitrary, violative of principles of natural justice and violative Constitution of India, accordingly set aside of Article 14 and 21 of the impugned proceedings dt.04.04.2024 and consequently direct the respondents to reinstate the Petitioner forthwith with continuity of service with all consequential benefits. 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 ROC. No. 254/2/2024/APCOS dated 04.04.2024 passed by Respondent No.2 by reinstating the petitioner in the post of Driver, Engineering Department, Nellore Municipal Corporation, Nellore District forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: SRI BUGULU SREETEJA Counsel for the Respondent No. 1: GP FOR SERVICES I Counsel for the Respondent Nos. 2 to 4: SRI A S C BOSE SC FOR MUNICIPALITIES Counsel for the Respondent No. 5: SRI K BHEEMA RAO SC FOR APCOS The Court made the following order: APHC010312322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY. THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15663/2076 Between; Mandala Naresh ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.BUGULU SREETEJA Counsel for the Respondent(S): 1.GP FOR SERVICES I ...RESPONDENT(S) 2 HCGRJ W.P.No.15663 of2025 Jhe Court made the following Order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s;- ...to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings in ROC.NO.254/2/2024/APCOS dated 04.04.2024 passed by Respondent No.2 wherein removing the petitioner from the post of Driver, Engineering Department, Nellore Municipal Corporation, Nellore District just basing on newspaper clipping dt.04.04.2024 that petitioner has campaigning for one political party, without conducting r enquiry, without issuing show cause notice and without furnishing Enquiry Report and without following principles natural justice is illegal, irregular, arbitrary, violative of principles of natural justice and violative of Articles 14 and 21 of the Constitution of India, accordingly set aside impugned proceedings dt.04.04.2024 and consequently direct the respondents to reinstate the Petitioner forthwith with of service with all consequential benefits other order or orders....” participated in election any of continuity and to pass such 2. Heard Ms Bugulu Sreeteja, learned counsel for the petitioner, learned Assistant Government Pleader for Services-I for respondent No.1, Sri A.S.C.Bose, learned Standing Nos.2 to 4 and Sri K.Bheema Rao, respondent No.5. Counsel for respondent learned Standing Counsel for 3. Petitioner was appointed as Driver in 3^^^ respondent- on outsourcing basis and later, he Corporation on 01.07.2020, enrolled into 5^^ was respondent. Based on the 04.04.2024, he has been terminated news report dated from service by impugned proceedings vide ROC No.254/2/2024/APCOS, dated 04.04.2024. HCGR,J W.P.No.l5663of2025 Learned counsel for the petitioner submits that aforesaid termination order is not preceded with any show cause notice or inquiry and straightaway extreme punishment of removal service has been imposed, which is clearly violation of principles of natural justice. She would also places reliance on order passed in W.P.No.5535 of 2025, which consists identical issue. 4. 5. Sri A.S.C.Bose, learned Standing Counsel, on the other hand, submits that the impugned termination order is issued without any inquiry and therefore, they may be given liberty to issue fresh show cause notice and initiate inquiry, in case it is warranted. 6. As it is clearly evident from reading of impugned proceedings that merely based on article published in newspaper, respondent No.3 has straightaway issued impugned termination order, the is in clear violation of principles of natural justice. On this ground alone, the writ petition is to succeed. same 7. In view of the same, the Writ Petition is disposed of, by setting aside the impugned proceedings vide ROC No.254/2/2024/APCOS, dated 04.04.2024, issued by 3^*^ respondent, and the respondents are directed to reinstate the petitioner into service. However, this does not preclude the respondents to initiate inquiry on the aforesaid allegations, in case they feel to do so, and pass appropriate orders, in accordance with law. There shall be no order as to costs. 4 HCGRJ W.P.No.l5663of2025 As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER To, 1. The Special Chief Secretary Development, State of Andhra Pradesh Amaravathi at Velagapudi, Guntur District. 2. The Returning Officer/ Commissioner of Municipal Corporation, Nellore, 117- Nellore City Assembly Constituency, Nellore District. 3. The Nellore Municipal Corporation, Rep. by its Commissioner, Nellore, Nellore District. 4. The Superintending Engineer, Engineering Department, Nellore Municipal Corporation, Nellore, Nellore District. 5. The AP Corporation for Outsourced Services APCOS, Rep. By its Managing Director, 2nd Floor, NTR Administrative Block, PN Bus Station, Vijayawada, NTR District. 6. One CC to Sri. Bugulu Sreeteja Advocate [OPUC] 7. One CC to Sri. A S C Bose SC for Municipalities [OPUC] 8. One CC to Sri. K Bheema Rao SC for APCOS [OPUC] 9. Two CCs to GP for Services I High Court of Andhra Pradesh [OUT] Three CD Copies Municipal Administration and Urban Secretariat Buildings, 10. GSC HIGH COURT DATED:27/06/2025 ORDER WPNO. 15663 OF 2025 DISPOSING THE WP WITHOUT COSTS