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\ APHC010362042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ' V.
FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18496 OF 2025 Between: Meesala Ramesh Babu, S/o Late Tamminaidu, Aged. 42 years, Occ. R/o. Devarapalli Gram Panchayat, Field Assistant (Removed), Ranasthalam Mandal, Srikakulam District. ...Petitioner AND Principal Secretary to Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. District CollectorcumDistrict Programme Coordinatorof MGNREGS, Srikakulam District at Srikakulam. 3. Project DirectorcumAdditional District Programme Coordinator of MGNREGS, District Water Management Agency, Srikakulam District. 1. State of Andhra Pradesh, Rep. by its Government, ...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 proceedings in Rc.No.107/2024/EGS(FA.Dvrvls-Rnstlm/HR, dt. 28.06.2025 passed by the 3rd respondent thereby removed the petitioner from the post of Field Assistant
r Mandal of working in Devarapalli Gram Panchayat in Ranasthalam Srikakulam District, without considering the expianation dt. and16.04.2025, without furnishing the preliminary enquiry report dt. 25.11.2024 28.10.2024 and alleged complaint dt. 01.10.2024 and without passing speaking order, as illegal, irregular, arbitrary, violative of principles of natural justice, contrary to Field Assistants Human Resource Policy vide Circular No.666/EGS(P)/2012, dt. 08.01.2013 and consequently set aside the proceedings dt. 28.06.2025 and direct the respondents 2 and 3 to reinstate the petitioner into service for the said post. 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 operation of proceedings in Rc.No.107/2024/EGS(FA.Dvrvls- Rnstlm/HR, dt. 28.06.2025 passed by the 3'"^ respondent and consequently direct the respondents 2 and 3 to reinstate the petitioner in the post of Field Assistant working in Devarapalli Gram Panchayat in Ranasthalam Mandal of Srikakulam District,, pending disposal of the main writ petition.
Counsel for the Petitioner: SRI SRINIVAS AMBATI Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ DEPARTMENT Counsel for the Respondent Nos.2 & 3: SRI M S R CHANDRA MURTHY, The Court made the following order:
APHC010362042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18496 OF 2025 Between: Meesala Ramesh Babu ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.SRINIVAS AMBATI Counsel for the Respondent{S):
1.GP FOR SERVICES I The Court made the following:
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18496 OF 2025
ORDER: The Present Writ Petition is filed questioning the Proceedings in Rc.No. 107/2024/EGS /FA.DvrvIs-RnstIm/HR, dated 28.06.2025 issued by the Respondent No.3 removing the Petitioner from the post of Field Assistant at Devarapalli Gram Panchayat, Ranasthalam Mandal, Srikakulam District, without considering the explanation dated 25.11.2024 and 16.04.2025 and without furnishing the preliminary enquiry report dated 28.10.2024 and the alleged complaint dated 01.10.2024, which was relied upon before passing the impugned order as illegal and arbitrary. 2. The facts leading to file the present Writ Petition are as follows:- The Petitioner was initially appointed as Field Assistant in the year, 2007 at Devarapalli Gram Panchayat, Ranasthalam Mandal, Srikakulam District and has been working ever since. While so, a Show-Cause Notice was issued dated 13.11.2024 alleging certain allegations against him by one Mr. Reddy Sreeramulu Naidu, a resident of Devarapalli Gram Panchayat. The Petitioner had submitted his explanation dated 25.11.2024 denying said allegations. 3. While so, on 09.04.2025, the Respondent No.3 had placed the Petitioner temporarily out of contract and directed him to show cause. The Petitioner again submitted his explanation dated 16.04.2025 denying allegations and also sought for copies of alleged complaint dated 01.10.2024
given by Mr. Reddy Sreeramulu Naidu and preliminary enquiry report dated 28.10.2024 submitted by Assistant Project Director, MGNREGS, Etcherla Cluster. Though, the Petitioner sought for the same, the impugned orders was passed, without furnishing the specific information as sought by the Petitioner. Hence, the present Writ Petition came to be filed. 4. Mr. M.S.R.Chandra Murthy, learned Standing Counsel for the Respondents would submit that a copy of the enquiry report was furnished by Assistant Project Director, MGNREGS, Etcherla Cluster on 09.04.2025 along with proper documentary evidence on the allegations leveled against him. It i. also further contended that the Petitioner had attended the personal hearing and consequent thereto impugned order was passed. IS
5. Heard learned counsel on both sides. 6. The only ground urged by learned counsel for the Petitioner is that the documents that have been relied upon by the Respondent Authorities were not issued to the Petitioner, inspite of specific request as explicitly mentioned in the letter dated 16.04.2025. The receipt of the explanation/ letter dated 16.04.2025 is not in dispute as it is referred to in the impugned proceedings as reference No.7. 7.
Thereafter, the impugned order was passed and the same does not refer to furnishing of the documents to the Petitioner and straigtit away the impugned order was passed. Though, the learned Standing Counsel would submit that documents as sought by the Petitioner were furnished before
passing the impugned order, but was unable to explain as to under what proceedings/ letter the same were furnished. Therefore, the impugned order t cannot be sustained as it is in violation of principles of natural justice. 8. Therefore, the Writ Petition is disposed of with following directions; (i) The impugned order dated 28.06.2025 issued by the Respondent No.3 is set aside and the issue is remitted to Respondent Authority. (ii) The Respondent Authorities shall furnish copy of the enquiry report and other documents as sought by the Petitioner in the explanation dated 16.04.2025 and after affording the personal opportunity of hearing to the Petitioner shall pass appropriate orders afresh as expeditiously as possible. (iii) No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd./- V.DIWAKAR DEPUTY REGISTRAR // //TRUE COPY// SECTION OFFICER To, 1 The Principal Secretary to Government, Panchayat Raj and Rural Secretariat, Velagapudi, Amaravati, Development Department, Guntur District. 2. District Collector cum District Programme Coordinatorof MGNREGS, Srikakulam District at Srikakulam. 3. Project Director cum Additional District Programme Coordinator of MGNREGS, District Water Management Agency, Srikakulam District. 4. One CC to Sri. Srinivas Ambati, Advocate [OPUC]
5. Two CCs to GP For Panchayat Raj, High Court of Andhra Pradesh [OUT]
6. One CC to Sri M S R Chandra Murthy, Advocate [OPUC]. 7. Two CD Copies. AL
K HIGH COURT DATED:25/07/2025
ORDER WP NO. 18496 OF 2025 5 11 SEP 2025 ^ ^ . Current section ^ m DISPOSING OF THE W.P. WITHOUT COSTS