IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF FEB TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18301 OF 2012 Between: S. Anjali Kumari, W/o. Chandra Shekar Reddy, Aged about 25 years, R/o. Kotcherlakota, Donakonda Mandal, Prakasam District. ...PETITIONER AND 1. The Project Director, District Water Management Agency, Prakasam District at Ongole. 2. The Collector & District Programme Coordinator, District Water Management Agency, Prakasam District at Ongole. 3. The Mandal Parsihad Development Officer, Donakonda Mandal, Prakasam 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 be pleased to issue writ or direction particularly in the nature of WRIT OF MANDAMUS, or any other appropriate writ A). To declare the proceedings in Rc.No.D4/801/2011, dated 12.8.2011 the file of the 1®' respondent as confirmed in Rc.No.D4/801/2010 , dated 20.1.2012, on the file of the 2"'^ respondent as illegal, void, arbitrary and in violation of the directions issued by this Hon'ble Court. B). Consequently, to direct the 1®‘ respondent & 3rd respondents to reinstate the petitioner in the post of field assistant, Kotcherlakota may on Grampanchayat, Donakonda Mandal, Prakasam District with all consequential benefits. i.A;'NO: 1 OF 2012fWPMP. NO: 23436 OF 2012) ^ P^fition under Section 151 CPC praying that in the circumstances stated'inAhe affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the proceedings in Rc.No.D4/801/2011 dated 12.8.2011 on the file of the 1®* respondent as confirmed in Rc.No.D4/801/2010, dated 20.1.2012, on the file of the 2 respondent and allow the petitioner to continue as field assistant of Kotcherlakota Grampanchayat, Donakonda Mandal, Prakasam District, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI A RAJENDRA BABU Counsel for the Respondents: SRI M.S.R.CHANDRA MURTHY, SPL COUNSEL FOR NREGS Counsel for the Respondent No.3: SMT B.V.APARNA LAKSHMI, SC FOR ZPP, MPP & GRAM PANCHAYAT nd The Court made the following: ORDER ( APHC010352572012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0M0 [3457] TUESDAY ,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18301/2012 Between: S. Anjali Kumari, Prakasam Dist ...PETITIONER AND Project Director Dwma Prakasam Dist 2 Ot and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.A RAJENDRA BABU Counsel for the Respondent(S): 1.SPL C FOR NREGS(i\/l S R CHANDRA MURTHY) 2.BVAPARNA LAKSHMI 3.GP FOR PANCHAYAT RAJ & RURAL DEV 4. G ELISHA( SC FOR ZPP/ MPP ANDHRA AREA) The Court made the following: ORDER: The petitioner is challenging the proceedings in Rc.No.D4/801/20 11 St dated 12.08.2011 passed by the 1 respondent as confirmed in Rc.No.D4/801/2010 dated 20.01.2012 passed by the 2 respondent. 2 2. The petitioner is engaged as Field Assistant in Kotcherlakota Gram Panchayat vide proceedings dated 21.11.2006 and rendering her services. While so, the respondents issued a show cause notice dated 18.12.2010 calling upon the petitioner to explain as to why action should not be taken against her for misappropriation of amount of Rs. 15,084/- relating to execution of works under the Rural Employment Guarantee Scheme. The petitioner had not replied to the show cause notice as she was on maternity leave. Later, a notice dated 08.07.2011 was also issued to the petitioner calling upon her for personal hearing on 15.07.2011. However, the said hearing was postponed to 18.07.2011 and on 18.07.2011, the petitioner could not attend to the personal hearing as she had to appear for the B.A.Degree Examination. Thereafter, the respondent passed the impugned proceedings dated 12.08.2011 terminating the services of the petitioner based on the social audit report dated 26.10.2010. The petitioner remitted an amount of Rs.10,000/-. The impugned proceedings dated 12.08.2011 would indicate that the petitioner did not appear for personal hearing and also did not submit any explanation to the notice issued by the 1®‘ respondent. Aggrieved by the said proceedings, she approached the Appellate Authority/District Collector and informed the District Collector/2 1 3. nd respondent that the alleged misappropriation of funds Rs.15,084/- happened without her involvement and with fear of losing her job, she remitted an amount of Rs.10,000/-. Considering all these submissions, the 2'"'^ respondent passed the impugned 3 r proceedings confirming the order of termination dated 12.08.2011 passed by the 1®‘respondent. Learned counsel for the petitioner submits that the petitioner was on 4. maternity leave from 14.06.2010 to 05.10.2010 and was on further leave till 23.11.2010. 5. Learned counsel for the petitioner further submits that this Court in a batch of writ petitions in W.P.No.14121 of 2009 and batch had set aside the orders of termination of the field assistants and also laid down certain directions for the purpose of conducting disciplinary proceedings against Field Assistants/Technical Assistants and directed the respondents to follow the guidelines laid down in Circular No.143/SRDS/HR Manual/2009 dated 27.01.2010 and the rules laid down vide G.O.Ms.No.98 Panchayat Raj and Rural Development (RD.II) Department dated 09.03.2010 for conducting an enquiry, Social Audit,- etc. It is submitted that no such proceedings was followed by the respondents in issuing the impugned proceedings. Learned counsel for the respondents submits that the petitioner during enquiry has admitted her mistake and also remitted an amount of Rs. 10,000/-. 6. The respondents have also followed the guidelines of this Court passed in W.P.No.14121 of 2009 and batch and that there is no deviation in the procedure followed for terminating the petitioner. 7. Perused the record. 8. As seen from the impugned proceedings dated 12.08.2011, based on the social audit conducted during 15.10.2010 to 24.10.2010 in respect of works undertaken under Mahatma Gandhi National Rural Employment Guarantee Scheme in Donakonda Mandal, Prakasam District, the petitioner was found to have misappropriated an amount of Rs. 15,084/- while working as Field Assistant of Kotcherlakota Gram Panchayat. The petitioner did not even submitted any explanation for the show cause notice dated 18.10.2020 nor attended for personal enquiry. It is not in dispute that the petitioner did not submit her reply as she was on maternity leave and was on further leave till 23.11.2010. However, the impugned proceedings also would not reflect that the respondents have scrupulously followed the guidelines laid down the orders of this Court in W.P.No.14121of 2009 and batch. It is also evidently clear that the respondents have not followed the procedure for initiating disciplinary action against field assistants. Therefore, the impugned proceedings deserve to be set aside leaving it open to the respondents to take appropriate steps in accordance with law. 9. With the above observation, the Writ Petition is closed. There shall be no order as to costs. as per As a sequel, pending miscellaneous applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. One CC to Sri A.Rajendra Babu, Advocate [OPUC] 2. One CC to Sri M.S.R.Chandra Murthy, SPL Counsel for NREGS. [OPUC] 3. One CC to Smt.B.V.Aparna Lakshmi, SC for ZPP, MPP & Gram Panchayat. [OPUC] 4. Three CD Copies. gi HIGH COURT DATED:25/02/2025 ORDER WP.No.18301 of 2012 ■Sf 0 7 MAR 2025 | ^ Current Section CLOSING THE WRIT PETITION WITHOUT COSTS