APHC010357622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18247 OF 2025 Between; Chelluboina Narasimhulu, S/o Sanyasi, Aged about 37 years, Occ Field Assistant (Under Suspension), Mahatma Gandhi National Rural Employment Guarantee Scheme A.P, Kavulavada Gram Panchayat, Bhogapuram Mandal, Vizianagaram District ...Petitioner AND 1. The State of Andhra Pradesh, Panchayat Raj and Rural Development (RD-II) Department, Secretariat, Velgapudi, Amarvathi, Guntur District A.P., rep. by Principal Secretary. 2. The Commissioner, Panchayat Raj and Rural Development Department Vijayawada, State of Andhra Pradesh 3. The District Collector cum The District Programme Coordinator, Mahatma Gandhi National Rural Employment Guarantee Scheme AP, Vizianagaram District. 4. The Project Director, The District Water Management Agency and The Addl. District Programme Coordinator, Mahatma Gandhi National Rural Employment Guarantee Scheme AP, Vizianagaram. 5. The Mandal Parishad Development Officer cum Additional Programme Coordinator, MNREGS-AP, District. Bhogapuram Mandal, Vizianagaram ...Respondents t 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 of mandamus or any other appropriate writ or direction declaring the proceedings in Rc No. 98/2025/DVC/DWMA dated 22.04.2025 of the 4th respondent as illegal, arbitrary, and contrary to FAHR Policy issued in Circular No. 666/EGS(P)/2012 dated 08.01.2013 and set aside the and consequently direct the Respondents to continue the Petitioner as Field Assistant of Kavulavada Gram Vizianagaram District. 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 direct the respondents herein to continue the petitioner as Field Assistant of Kavulavada Gram Panchayat, Bhogapuram Mandal, Vizianagaram District by suspending the proceedings in Rc 22.04.2025 passed by the 4th respondent, pending disposal of the Petition. Counsel for the Petitioner: SRI TADDI SOWMYA NAIDU Counsel for the Respondents No.1 & 2: GP FOR SERVICES I Counsel for the Respondents No.3 to 5 : SRI M S R CHANDRA MURTHY, standing counsel for MGNREGS The Court made the following Order: same Panchayat, Bhogapuram Mandal No. 98/2025/DVC/DWMA dated writ 1 APHC010357622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18247/2025 Between; Chelluboina Narasimhulu ...PETITIONER AND The State Of AP and Others ...RESPONDENT(S) Counsel for the Petitioner; 1.TADDI SOWMYA NAIDU Counsel for the Respondent(S); 1.GP FOR SERVICES I The Court made the following; THE HONOURABLE SR! JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18247/2025 The present Writ Petition is filed to declare the Proceedings dated 22.04.2025 issued by the Respondent No.4 placing the Petitioner temporarily out of employment vide Rc.No.98/2025/DVC/DWMA as illegal and arbitrary. 2. The Petitioner is working as Field Assistant in the Respondent No.4 organization. While so, a Notice was issued on 09.01.2025 vide Rc.No.98/2025/DVC/DWMA alleging that the Petitioner committed irregularities and the Petitioner called upon to explain his explanation thereto. Thereafter, the Petitioner submitted detailed explanation on 11.01.2025. However, the Respondent No.4, without considering the explanation submitted by the Petitioner, placed the Petitioner out of employment vide impugned Proceedings. 3. Heard Ms. T. Sowmya Naidu, learned counsel for the Petitioner, learned Assistant Government Pleader for Services-I for Respondent Nos. 1 and 2 and Sri M.S.R. Chandra Murthy, learned Standing Counsel for Respondent Nos. 3 and 4. 4. Learned counsel for the Petitioner submits that in terms of Clause 13(B)(5) of the Field Assistants Human Resource Policy, the inquiry ought to be completed within thirty days. Though show-cause notice came to be issued on 28.03.2025, the inquiry has not been completed so far contrary to the aforesaid timelines and on top of it, the Respondents have now placed the Petitioner under suspension, which is arbitrary and illegal. The counsel also relied on an order passed in similar circumstances by a co-ordinate Bench of this Court in W.P.No.16643 of 2025. 5. Sri M.S.R.Chandra Murthy, learned Standing Counsel for respondent Nos.3 & 5, on the other hand, submits that the inquiry is going on and the same would be concluded within three (03) weeks from now. The further contention is that the guidelines are not statutoryand even otherwise,no consequenceis stated for non- compliance of the time frame of 30 days and therefore, the same cannot be said to be mandatory. The maintainability of the Writ Petition was also urged as the nature of job of the Petitioner is akin to Labour. 6. In view of the same, the Writ Petition is disposed of in terms of W.P.No.17608 of 2025 with a direction to the 4‘^ respondent to reinstate the Petitioner into service and conclude the enquiry after providing due opportunity of hearing to the Petitioner within a period of three (3) weeks from the date of receipt of copy of this order. No order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development (RD-ll) Department, Secretariat, Velgapudi, Amarvathi, Guntur District A.P., 2. The Commissioner, Panchayat Raj and Rural Development Department Vijayawada, State of Andhra Pradesh 3. The District Collector-cum-The District Programme Coordinator, Mahatma Gandhi National Rural Employment Guarantee Scheme AP, Vizianagaram District. 4. The Project Director, The District Water Management Agency and The Addl. District Programme Coordinator, Mahatma Gandhi National Rural Employment Guarantee Scheme AP, Vizianagaram. 5. The Mandal Parishad Development Officer-cum-Additional Programme Bhogapuram Mandal, Vizianagaram Coordinator, MNREGS-AP, District. 6. One CC to Sri. Taddi Sowmya Naidu, Advocate [OPUC] 7. Two CCs to GP for SERVICES I, High Court of Andhra Pradesh [OUT] 8. One CC to Sri M S R Chandra Murthy, Standing Counsel for MGREGS.[OPUC] 9. Two CD Copies V/a(v 'll HIGH COURT DATED; 18/07/2025 ORDER WP NO. 18247 OF 2025 ^ 0 <1 AUG 2025 1^ CO DISPOSING OF THE WRIT PETITION WITHOUT COSTS