Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 25499 (AP)

Boya Rajesh, v. The State of Andhra Pradesh,

WP/18597/2025 · 2025-07-21

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010360552025 JN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18597 OF 2025 Between: Boya Rajesh, S/o. Boya Jayaramudu, Aged 26 years, Occ. Field Assistant, Pulakurthi Gram Panchayat, Kodumur Mandal R/o. D.No.3-18, Pulakurthy Village, Kodumur Mandal, Kurnool District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Guntur District. 2. National Rural Employment Guarantee Scheme NREGS, AP, Rep. by its Collector and District Programme Coordinator, Kurnool, Kurnool District. 3. The Project Director, The District Water Management Agency (DWMA) Kurnool, Kurnool District. 4. The Assistant Project Director, The District Water Management Agency (DWMA) Pathikonda Cluster, Kurnool 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 may be pleased to issue a writ of mandamus or any appropriate writ, order or direction declaring the action of the 3rd respondent in placing the petitioner under suspension by order in Proceedings.No.76/MEMOS/HRM/2017, dated 16.06.2025 as illegal, arbitrary unconstitutional and contrary to the field Assistant Human Resource Police (FAHRP) and consequently set-aside the order in Proceedings.No.76/MEMOS/HRM/2017, dated 16.06.2025 issued by the 3rd respondent in placing the petitioner under suspension 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 suspend the order in Proceedings.No.76/MEMOS/HRM/2017 dated 16.06.2025 issued by the 3rd Respondent in placing the petitioner under suspension, pending disposal of the above writ petition Counsel for the Petitioner: SRI G SEKHAR REDDY Counsel for the Respondents No.1 to 4: GP FOR SERVICES I The Court made the following order: APHC010360592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18597 OF 2025 Between: Boya Rajesh, ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.G SEKHAR REDDY Counsel for the Respondent(S): 1.GPFOR SERVICES I The Court made the following: ...RESPONDENT(S) THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18597 OF 2025 ORDER; The present Writ Petition is filed questioning the action of the Respondent No.3 in placing the Petitioner under suspension vide Proceedings NO.76/MEMOS/HRM/2017, dated 16.06.2025 as illegal and arbitrary. 2. The facts leading to the filing of the case are as follows: The Petitioner was working as Field Assistant in on contract basis in the year 2001 and nature of work was assigned to him as per scheme to maintain Attendance Register for the workers, record the earth work excavation being executed in Pulakurthi Gram Panchayat and other duties as per Job Chart. The Respondent No.3 issued Proceedings dated 16.06.2025 placed the Petitioner under suspension, basing on the information furnished by the Mandal Development Officer, Kodumur Mandal, alleging that he failed to managing finances properly and committed various irregularities in negligent manner while discharging duties, despite repeated instructions. No show cause notice was issued to the Petitioner or no opportunity provided to the Petitioner to submit explanation by the Respondent Authorities. 3. It is the contention of the learned counsel for the Petitioner that as the enquiry proceedings were not concluded within the time specified in Clause 13 (B)(5) of the Field Assistants Human Resource Policy i.e. 30 days, the Petitioner is entitled to be reinstated into service. The learned 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. 4. Learned standing counsel Sri M.S.R.Chandra Murthy, submits that the enquiry is going on and the same would be concluded within three weeks. The further contention is that the guidelines are not statutory and Otherwise, no consequence is stated for even non-compliance of the time frame of 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. 30 days and therefore, the 5. Having heard the respective counsel, this Court, without going into the issues urged by the Respondent counsel, is inclined to dispose of the writ petition in terms of W.P.No. 16643 of 2025 with a direction to the 3'^ service and conclude the enquiry within a period of order. No order as to respondent to reinstate the Petitioner into after providing due opportunity of hearing to the Petitioner, three (03) weeks from the date of receipt of copy of this costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K. TATA RAO deputy REGIST^I^ OFFICER //TRUE COPY// SE To, 1. The Principal Secretary, State of Andhra Pradesh, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Collector and District Programme Coordinator, National Rural Employment Guarantee Scheme NREGS, AP, Kurnool, Kurnool District. 3. The Project Director, The District Water Management Agency (DWMA) Kurnool, Kurnool District. % 4. The Assistant Project Director, The District Water Management Agency (DWMA) Pathikonda Cluster, Kurnool District. 5. One CC to SRI G SEKHAR REDDY Advocate [OPUC] 6. Two CCs to GP FOR SERVICES I High Court of Andhra Pradesh [OUT] 7. Two CD Copies GSG HIGH COURT DATED; 22/07/2025 ORDER WP NO. 18597 OF 2025 DISPOSING THE WP WITHOUT COSTS