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2025 DAILYLAW 25444 (AP)

KORIVI BABU RAO v. THE STATE OF AP

WP/18483/2025 · 2025-07-21

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

¥ APHC010359222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JUL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18483 OF 2025 Between; Sri Korivi B^u Rao, S/o.Rayappa, Aged about 44 years, Occupation Field Assistant, R/o. Balusupadu Village, Jaggayyapeta Mandal, NTR District, Andhra Pradesh, v ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Panchayati Raj Rural Development Department Velagapudi, Amaravati. 2. The District Collector, (Appellate Authority) NTR District, Vijayawada, Andhra Pradesh. " 3. The Project Director, District Water Management Authority (DWMA), NTR District, Gollapudi, Vijayawada, Andhra Pradesh, v 4. The Project Officer/Mandal Parishad Development Officer PO/MPDO, Jaggayyapeta Mandal, NTR District, Andhra Pradesh, v Secretariat, ...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 inaction of the 2nd Respondent - the 0 District Collector, NTR District Petitioner's statutory appeal dated 04.06.2025 - in not considering and disposing of the against the termination order 22.03.2025 issued by the 3rd Respondent vide Rc. No.30/1-1R/2022 legal, arbitrary, irrational, and in violation of the principles of natural justice as well as contrary to the provisions of the Field Assistant Human Policy (FAHRP) issued under 08.01.2013, and Articles 14 19 as Resources Circular No.666/EGS(P)/2012 dated and 21 of the Constitution of India and consequently direct the 2nd Respondent to consider and dispose Petitioner's appeal dated 04.06.2025 in accordance with law, and in the meantime, permit the Petitioner to continue in service as Field Assistant pending such consideration of the appeal. . of the lA NO: 1 OF 207.^ Petitiorr 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 2nd Respondent - the District Collector, NTR Petitioner to continue in service as Field Assistant in Balusupadu Gram Panchayat, Jaggayyapeta Mandal, 04.06.2025. Counsel for the Petitioner: SRI V.N.V.SURYA DATTU Counsel for the Respondent No.1: GP FOR SERVICES Counsel for the Respondent Nos. 2 to 4: SRI M S R CHANDRA MURTHY The Court made the following order: District - to permit the pending disposal of the appeal dated I i APHC010359222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAYJHE TWENTY SECOND DAY OF JULY TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18483 OF 2025 Between: Korivi Babu Rao ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner: 1.V.N.V.SURYA DATTU Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: ...RESPONDENT(S) .m w ^ THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18483 OF 2025 ORDER: The present Writ Petition is filed questioning the action of the Respondent No.2 in not disposing the Appeal dated 04.06.2025 filed by the Petitioner against termination order dated 22.03.2025 issued by the Respondent No.3, as illegal and arbitrary. 2. The Petitioner was initially appointed as Field Assistant in the year 2021 in Balusupadu Gram Panchayat, Jaggayyapeta Mandal under District Water Management Authority (DWMA), NTR District. One M. Pitchaiah and 2 others made a complaint dated 24.12.2024 to Respondent No.4 alleging misappropriation of funds under the MGNREGS. On the basis of said complaint, an enquiry was conducted, issued Show-Cause Notice to the Petitioner on 03.01.2025 by the Respondent No.3. The Petitioner had submitted his explanation on 10.01.2025. The Petitioner though submitted his explanation denying the charges, the Respondent No.3 has terminated the Petitioner and issued final order dated 06.03.2025 terminating the Petitioner from service. 3. Questioning the same, the Petitioner filed an Appeal before the District Collector as provided under guidelines 13(c) of Field Assistant Human Resource Policy on 04.06.2025. Along with the Appeal, the Petitioner sought for stay of order of termination as interim stay of termination of employee was not considered. Hence, the present Writ Petition came to be filed. 4. Sri M.S.R.Chandra Murthy, learned Standing Counsel for the Respondents 2 to 4 would contend that the order of termination was passed after due enquiry and considering the gravity of charges. It is further contended that the relief sought by the Petitioner would hamper the works in Balusupadu Gram Panchayat, as the works cannot be executed without a Field Assistant. 5. Having heard the learned counsel on both sides, this Court is inclined to dispose of the Writ Petition with following directions: (i) The District Collector, NTR District/ Respondent No.2 is directed to dispose of the Appeal filed by the Petitioner on 04.06.2025, after affording opportunity of personal hearing of the Petitioner, as expeditiously as possible within a period of four (04) weeks from the date of receipt of a copy of this order. (ii) Considering the fact that the Petitioner was working as Field Assistant from 2021 onwards till the date of disposal of the Appeal, the Respondents are directed not to make any permanent arrangement at Balusupadu Gram Panchayat, Jaggayyapeta Mandal, NTR District in respect of Field Assistant, pending disposal of Appeal. 6. With the above directions, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// S^^SffOFFICER To, 1. The Principal Secretary, Panchayati Raj Rural Development Department, Secretariat, Velagapudi, Amaravati. 2. The District Collector, (Appellate Authority) NTR District, Vijayawada, Andhra Pradesh. 3. The Project Director, District Water Management Authority (DWMA), NTR District, Gollapudi, Vijayawada, Andhra Pradesh- " 4. The Project Officer/Mandal Parishad Development Officer PO/MPDO, Jaggayyapeta Mandal, NTR District, Andhra Pradesh. 5. One CC to Sri V.N.V.Surya Dattu, Advocate [OPUC] 6. One CC to Sri M S R Chandra Murthy, Advocate [OPUC] 7. Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT] 8. Two CD Copies v^' TF HIGH COURT DATED:22/07/2025 o 05 AU6 2nP5 ® ORDER WP NO. 18483 OF 2025 *£“"»niaeciioii . ^ ^^i®PATCH'£Oj^' DISPOSING OF THE W.P., WITHOUT COSTS