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2025 DAILYLAW 2398 (AP)

SINGAMPALLI KRISHNA v. THE STATE OF AP

WP/1159/2025 · 2025-01-21

Subba Reddy Satti

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ^^Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1159 OF 2025 , Between; Singampalli Krishna, S/o. K.Appa Rao, aged 32 years, Occ; Field Assistant- FTE (under suspension) R/o. D.No. 1-126, Gondhi Kothapalli Village, SankavaramMandal, Kakinada District. ...PETITIONER AND 1. The State of AP, Rep. by its Principal Secretary, Department of Panchayat Raj and Rural Development, Secretariat, Velagapudi, Amaravathi. The District Collector and District Project Coordinator for the Mahatma Gandhi National Rural -, Employment Guarantee Scheme Kakinada District, Kakinada. The Project Director and Joint secretary. The District Water Management Agency, Kakinada District, Kakinada. The Assistant Project Director, District Water Management Agency Kathipudi cluster, Kakinda District The Mandal Parishad Development officer, Rowthalapudi Mandal, Kakinada District. 2. 3. 4. 5. ...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 an appropriate writ, order or direction particularityone in the nature of writ of Mandamusor any other appropriate Writ, declaring the Impugned suspension cum show cause notice Dt. 27.11.2024, vide RC No. DVC/44/PE/Rowthalapudi Mandal 16 /MGNREGS/2024 passed by the 3'^'^ Respondent against the petitioner is more th round illegal, unjust and violation of the article 14, 16 and 21 of the constitution of India and set aside the same in pursuance of SRDS Rules, 2012 as well provisions of the Field Assistants Human Resource'Policy (FAHRP) under Mahatma Gandhi National Rural Employment Guarantee Scheme in order to continue the petitioner as Field Assistant-FTE in Dhiguvasivada village of Rowthalapudi Mandal and to pass such other order(s) as this Hon'ble High Court. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation portion of the impugned suspension cum show cause notice Dt.27.11.2024 No.DVC/44/PE/Rowthalapudi Mandal IG^*" round/MGNREGS/2024 passed by the 3'”'^ Respondent in order to continue the petitioner in the post of Filed Assistant-FTE in Dhiguvasivada (V), Rowthalapudi (M) pending disposal of the WP in the interest of justice. vide RC Counsel for the Petitioner: SRI RAMANA ALLU Counsel for the Respondent Nos.1 & 2 : GP FOR SERVICES IV- Counsel for the Respondent Nos.3 & 4 : SRI M.S.R. CHANDRA MURTHY, SC FOR DWMA Counsel for the Respondent No.5 : SRI G. SRINIVASULA REDDY, SC FOR GRAM PANCHAYAT The Court at the stage of admission made the following: ORDER APHC010002082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1159/2025 Between: 1.SINGAMPALLI KRISHNA, S/0. K.APPA RAO. AGED 32 YEARS, OCC FIELD ASSISTANT-FTE (UNDER SUSPENSION) R/0. D.NO. 1-126, GONDHI KOTHAPALLI VILLAGE, KAKINADA DISTRICT. SANKAVARAM MANDAL, ...PETITIONER AND PRINCIPAL SECRETARY, 1.THE STATE OF AP, REP. BY ITS DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT. VELAGAPUDI, AMARAVATHI 2. THE DISTRICT COLLECTOR AND DISTRICT PROJECT COORDINATOR FOR THE MAHATMA GANDHI NATIONAL RURAL, EMPLOYMENT GUARANTEE SCHEME KAKINADA DISTRICT, KAKINADA. 3.THE PROJECT DIRECTOR AND JOINT SECRETARY, THE DISTRICT KAKINADA DISTRICT, WATER MANAGEMENT AGENCY, KAKINADA. 4. THE ASSISTANT PROJECT DIRECTOR, DISTRICT WATER KATHIPUDI CLUSTER, KAKINDA MANAGEMENT AGENCY DISTRICT 2 5. THE MANDAL PARISHAD ROWTHALAPUDI MANDAL, KAKINADA DISTRICT. DEVELOPMENT OFFICER, ...RESPONDENT(S): praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularity in the nature of writ of Mandamus or any other appropriate Writ, declaring the Impugned suspension cum show cause notice Dt. 27.11.2024, vide RC No. DVC/44/PE/Rowthalapudi Mandal 16th round /MGNREGS/2024 passed by the 3th Respondent against the petitioner is illegal, unjust and violation of the article 14, 16 and 21 of the constitution of India and set aside pursuance of SRDS Rules, 2012 as well provisions of the Field Assistants Human Resource Policy (FAHRP) under Mahatma Gandhi National Rural Employment Guarantee Scheme in order to continue the petitioner as Field Assistant-FTE in Dhiguvasivada village of Rowthalapudi Mandal such other order(s) as this Hon'ble High Court may be pleased lA NO: 1 OF 202*; 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 Counsel for the Petitioner: 1.RAMANA ALLU Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following ORDER: Petition under Article 226 of the Constitution of India one the same in and to pass Heard Sri Ramana Aliu, learned counsel for the petitioner, learned Assistant Government Pleader for Services appeared on behalf of the 1®‘ respondent, Sri M.S.R.Chandra Sri S.Raju, Murthy, learned standing counsel appeared on behalf of the respondents 2 to 4 and Sri G.Srinivasa learned standing counsel appeared on behalf of the respondent. Reddy, 3 Impugning the proceedings vide Rc.No.DVC/44/PE/Rowthulapudi Mandal/16’h round/MGNREGS/2024, dated 27.11.2024 issued by the 3^^ respondent, placing the petitioner under suspension, the above writ petition is filed. 2. Learned counsel for the petitioner would submit that the petitioner was appointed as Field Assistant at Dhiguvasivada Village, Rowthulapudi Mandal on 24.05.2007 and has been discharging the duties without any remarks. 3. Be that as it may, the petitioner was suspended by the proceedings impugned dated 27.11.2024 (Ex.P.1). The petitioner submitted explanation dated 09.12.2024 (Ex.P.2). Learned counsel would submit that the inquiry is not completed within the time stipulated as per Field Assistants Human Resource Policy, 2013 (for short “FAHRP, 2013”). 4. submitted Memo counsel 5. Learned standing No.DVC/PE/44/Rowthalapudi Mandal/16‘^ round/MGNREGS/2024, dated 20.01.2025 fixing the date of inquiry as 05.02.2025. Copy of the same is handed over to the learned counsel for the petitioner. Thus, as seen from the Memo dated 20.01.2025 issued by the 3'’'^ respondent, personal hearing date was fixed and on 05.02.2025 and the petitioner was directed to appear before the 3^'^ respondent along with relevant record. 6. In reply, learned counsel for the petitioner would submit that the petitioner will attend the personal hearing on 05.02.2025 before the authority. 7. Given the facts and circumstances of the case, the Writ Petition is disposed of, at the admission stage with the consent of learned counsel on either side, directing the 3^^ respondent to conduct personal hearing on 8. 4 05.02.2025 by giving an opportunity of hearing to the petitioner and pass a reasoned order as per FAHRP, 2013. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. Sd/- V. DIWAKAR DEPUTY REGISTRAR / //TRUE COPY// SEGTOI^^FICER To 1. The Principal Secretary, Department of Panchayat Raj and Rural Development, State of AP, Secretariat, Velagapudi, Amaravathi. 2. The District Collector and District Project Coordinator for the Mahatma Gandhi National Rural -, Employment Guarantee Scheme Kakinada District, Kakinada. 3. The Project Director and Joint secretary. The District Water Management Agency, Kakinada District, Kakinada. (By Speed Post) 4. The Assistant Project Director, District Water Management Agency Kathipudi cluster, Kakinda District. 5. The Mandal Parishad Development officer, Rowthalapudi Mandal, Kakinada District. 6. One CC to Sri Ramana Allu, Advocate [OPUC] 7. Two CCs to GP for Services IV, High Court of Andhra Pradesh. [OUT] 8. One CC to Sri M.S.R. Chandra Murthy, SC for DWMA(OPUC) 9. One CC to Sri G. Srinivasula Reddy, SC for Gram Panchayt (OPUC) lO.Three C.D. Copies. Cnr «? HIGH COURT DATED:21/01/2025 ANO/y r ^ . Current Section ORDER ov 01 FEB 2025 Col: WP.No.1159 of 2025 DISPOSING THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS