APHC010345812019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16529/2019 Between: 1. CHINTAKAYALA MALLIKARJUNA, S/ O. C. NAGA MALLAIAH AGED 27 YEARS R/ O.NANDIMANDALAM VILLAGE PENDLIMARRI MANDAL KADAPA DISTRICT. ...PETITIONER AND 1. THE ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY LIMITED, VIDYUTH BHAVAN, CHITTI NAGAR VIJAYAWADA, REP.BY ITS CHAIRMAN AND MANAGING DIRECTOR 2. THE SUPERINTENDING ENGINEER ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY LIMITED, OPERATION CIRCLE, KADAPA. 3. THE EXECUTIVE ENGINEER OPERATION ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY LIMITED, PRODDATUR, KADAPA DISTRICT. 4. SRI I RAJASEKHAR REDDY CIVIL AND ELECTRICAL CONTRACTOR, T.KOTHAPALLI VILLAGE THAPPETLA POST- 516293 VALLURU MANDAL KADAPA DISTRICT ...RESPONDENT(S): 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, more particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings in Memo No. SE/0/K-DP/ADM/PO/JA0-I/T1/F.127/D.No.2196, dated 11.09.2019 issued by the 2nd Respondent herein and consequential Proceedings of Respondent No.3 herein in Memo No.E.E./O/PDR/Tech/F./D.No.942/19, dated 28.09.2019 and also the Letter dated 14.10.2019 issued by the 4th Respondent herein as illegal, arbitrary, unjust and consequently set aside the Proceedings in Memo No.SE/0/KDP/ADM/PO/JA0-I/T1/F.127/D.No.2196, dated 11.09.2019 issued by the 2nd Respondent herein and consequential Proceedings of Respondent No.3 herein in Memo No.E.E./0/PDR/Tech/F./D.No.942/19, 2 dated 28.09.2019 and also the Letter dated 14.10.2019 (served on me on 16.10.2019) by directing the Respondents herein to continue the Petitioner herein in service as Watchman IA NO: 1 OF 2019 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 DIRECT the Respondent Nos. 2 to 4 herein to continue the Petitioner herein in service IA NO: 1 OF 2020 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 vacate the interim directions passed by this honble court in IA. 1/2019 in WP.16529/2019 dated 25-10-2019 and pass Counsel for the Petitioner: 1. G RAMESH BABU Counsel for the Respondent(S): 1. Venkata Rama Rao Kota SC FOR APSPDCL 2. The Court made the following: 3 HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 16529 of 2019 ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “.... to issue an appropriate Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings in Memo No.SE/0/KDP/ADM/PO/JA0I/T1/F 127/D.No.2196 dated 11.09.2019 issued by the 2nd Respondent herein and consequential Proceedings of Respondent No 3 herein in Memo No.E.E /O/PDR/Tech/F /D.No.942/19 dated 28.09.2019 and also the Letter dated 14.10.2019 issued by the 4th Respondent herein as illegal, arbitrary, unjust and consequently, set aside the Proceedings in Memo No.SE/0/KDP/ADM/PO/JA0 I/T1/F 127/D.No.2196 dated 11.09.2019 issued by the 2nd Respondent herein and consequential Proceedings of Respondent No.3 herein in Memo No.E E /0/PDR/Tech/F /D.No.942/19 dated 28.09.2019 and also the Letter dated 14.10.2019 served on the Petitioner on 16.10.2019 by directing the Respondents herein to continue the Petitioner herein in service as Watchman and pass .....” 2. Heard Sri G.Ramesh Babu, learned counsel for the Petitioner and learned Standing Counsel appearing for respondent-APSPDCL. Perused the material on record. 3. Learned counsel for the Petitioner would submit that the Petitioner was terminated from service by respondent No.4-Contractor on the allegation that he has involved in a murder case, but it not a murder case. Learned counsel would further submit that a case was registered for the offences punishable under Sections 323 and 509 read with 34 IPC and the said criminal case was ended in acquittal. Further, in the light of the interim order passed by this Court on 25.10.2019 in IA No.1 of 2019, Petitioner was continued in service. Learned counsel would submit that the Writ Petition may be disposed of making the interim order as absolute. 4 4. Learned Standing Counsel for respondent-Corporation would submit that the Petitioner was engaged by respondent No.4 and that there is no employer and employee relationship between the respondent-Corporation and the Petitioner. Learned Standing Counsel would submit that the Court may pass appropriate orders. 5. Considering the submissions and in view of the fact that the criminal case lodged against the Petitioner was ended in acquittal and Petitioner has been continued in the employment by virtue of the interim order passed by this Court, it is apposite to dispose of the Writ Petition by making the interim order as absolute. 6. Accordingly, the Writ Petition is disposed of and the interim order passed by this Court is made as absolute. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 19.06.2025 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 16529 of 2019 19.06.2025 Mjl /*