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2025 DAILYLAW 27280 (AP)

BURUGA SITHA RAMI REDDY v. The State of Andhra Pradesh,

WP/19925/2025 · 2025-07-31

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ • H APHC010385432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19925 OF 2025 Between: Buruga Sitha Rami Reddy, S/o. Sitha Rami Reddy, Aged about 41 R/o. D.No. 1-39, Near Darga S. Lingamdinne Village years, Allagadda Mandal, Nandyala District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Secretary to Government, Rural Development and Panchayat Raj Department, Velagapudi, Amaravati. 2. The Project Director, District Water Management Agency, Nandyala District. 3. The District Collector/DPC, MGNREGS Nandyala, Nandyala District. 4. The Assistant Project Director, District Water Management Agency, Koilkuntia Cluster, Nandyala District. 5. The Mandal Parishad Development Officer, Allagadda Mandal, Nandyala District. 6. Rampalle Dastagiri, S/o. Not Known to the Petitioner, Aged about 40 years, R/o. S. Lingamdinne Village, Allagadda Mandal, Nandyala District. Secretariat, ...Respondents ft Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed there\A/ith, the High Court may be pleased to issue Writ or order or direction more particularly Writ in the nature of Writ Of Mandamus or any other appropriate Writ declaring the proceedings issued vide R.C.No. 11/2025/HRM(DWMA)NDL, dt. 04-06-2025 by the 2nd Respondent and as confirmed by the 3rd Respondent vide R.C.No. 11/2025/HRM(DWMA)NDL, dt. 27-06-2025 as illegal, arbitrary and against to the settled principles of natural justice and law and to consequently set aside the proceedings passed by the 2nd and 3rd Respondents and to reinstate the Petitioner to the post of Field Assistant under the scheme of MGNREGS of S.Lingamdinne Village of Allagadda Mandal, Nandyala District with all consequential benefits. 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 to reinstate the Petitioner to the post of Field Assistant under the scheme of MGNREGS of S. Lingamdinne Village Allagadda Mandal, Nandyala District pending disposal of the Writ Petition. Counsel for the Petitioner: SRI PADALA VENKATA SRIRAM REDDY Counsel for the Respondent No.1: GP FOR SERVICES I Counsel for the Respondent No.2 to 4: SRI MSR CHANDRA MURTHY Counsel for the Respondent No.5: SRI B.V.APARNA LAKSHMI Counsel for the Respondent No.6: NONE APPEARED The Court made the following order: APHC010385432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19925 OF 2025 Between: ...PETITIONER Buruga Sitha Rami Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. PADALA VENKATA SRIRAM REDDY Counsel for the Respondent(S): 1.GPFOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19925 OF 2025 ORDER:- The present Writ Petition is filed questioning the Proceedings vide Rc.No. 11/2025/HRM (DWMA) NDL, dated 04.06.2025 issued by the Respondent No.2, which was confirmed by the Respondent No.3 vide R.C.NO.11/2025/HRM (DWMA) NDL, dated 27.06.2025, as illegal and arbitrary. 2. The Petitioner was appointed as Field Assistant on contract basis under the scheme called MGNREGS in the year 2021 in S. Lingamdinne Village, Allagadda Mandal, Nandyala District. Pursuant to the Social Audit in the Village from 11.02.2025 to 23.02.2025, the Petitioner was issued with a Charge Memorandum vide Rc.No.11/2025/HRM (DWMA)/NDL, dated 27.03.2025. The Petitioner gave explanation dated 15.04.2025 to the Charge Memo and also attended personal hearing conducted by the Respondent No.2 on 21.05.2025. Inspite of giving explanation along with documents furnished by the Petitioner, the disciplinary authority had imposed punishment of removal of the Petitioner from services and also ordered for recovery of Rs. 22,314/-. Aggrieved by the same, the Petitioner had filed an Appeal before the Respondent No.2 by raising various grounds by enclosing evidence in support of his grounds urged in the Appeal. However, the Appellate Authority also rejected the Appeal vide order dated 27.06.2025. Hence, the present Writ Petition came to be filed. ii- 3. Learned counsel for the Petitioner would submit that inspite of detailed grounds urged by the Petitioner in the Appeal, the order in Appeal is virtually a carbon copy of the order of disciplinary authority and in the absence of application of mind, the order passed in the Appeal cannot be sustained. 4. Learned Standing Counsel for the Respondents does not seriously dispute this aspect. 5. Having heard the learned counsel on both sides and on examination of order of the Appellate Authority, none of the grounds of Appeal urged by the Petitioner were considered and the order of Appellate Authority is replica of order of disciplinary authority. 6. In that view, this Writ Petition is disposed of, with following directions: (i) The Appellate Authority shall reconsider the Appeal filed by the Petitioner and pass orders with reference to the evidence relied by the Petitioner, after affording opportunity of personal hearing of the Petitioner, within three (03) months from the date of receipt of a copy of this order; (ii) Till such time, the Respondent Authorities are directed no permanent arrangement of Field Assistant shall be made in S. Lingamdinne Village, Allagadda Mandal, Nandyal District. (iii) There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K TATA RAO DEP^I^GfSTRAR SECTION OFFICER //TRUE COPY// ^1^0 I « To, 1. The Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Velagapudi, Amaravati. 2. The Project Director, District Water Management Agency, Nandyala District. 3. The District Collector/DPC, MGNREGS Nandyala, Nandyala District. 4. The Assistant Project Director, District Water Management Agency, Koilkuntia Cluster, Nandyala District. 5. The Mandal Parishad Development Officer, Allagadda Mandal, Nandyala District. 6. One CC to Sri. Padala Venkata Shram Reddy, 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, Advocate [OPUC]. 9. One CC to Sri B V Aparna Lakshmi, Advocate [OPUC]. Two CD Copies. 10. AL HIGH COURT DATED:01/08/2025 ORDER WP NO. 19925 OF 2025 X Mmm I ^ . Curreni seciion ^ DISPOSING OF THE W.P. WITHOUT COSTS