K .. V APHCOI0396262025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF AUGUST (B TWO THOUSAND AND TWENTY FIVE '\o •A. PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20460 OF 2025 L\ Between: D Srinivasa Rao, S/o Chinnaiah, Aged about 38 years, Occ. Field Assistant (Under Suspension), Denderu Gram Panchayat, Kothavalasa 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 Vizianagaram District. AP, 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 Kothavalasa Mandal, Vizianagaram Coordinator, MGNREGS-AP 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 other appropriate writ or direction declaring the proceedings in Rc No.1240/2025/DVC/DWMA dated 17.07.2025 passed the 4th respondent keeping the petitioner temporarily out of employment as Field Assistant of Denderu Gram Panchayat, Kothavalasa Mandal, Vizianagaram District as illegal, arbitrary, contrary to FAHR Policy issued in Circular No. 666/EGS(P)/2012 dated 08.01.2013 and against the principles of natural justice and set aside the same and consequently direct the Respondents to continue the Petitioner as Field Assistant of Denderu Gram Panchayat, Kothavalasa Mandal, Vizianagaraim 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 Denderu Gram Panchayat, Kothavalasa Mandal Vizianagaram District by suspending the proceedings in Rc No. 1240/2025/DVC/DWMA dated 17.07.2025 passed by the 4th respondent, pending disposal of the writ Petition. Counsel for the Petitioner: SRI TADDI SOWMYA NAIDU Counsel for the Respondent Nos. 1 & 2: GP FOR SERVICES I Counsel for the Respondent Nos. 3 & 4: SRI M S R CHANDRA MURTHY Counsel for the Respondent No.5: SRI G SREENIVAS REDDY The Court made the following order: APHC0-t0396262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20460/2025 [3460] Between: AGED ABOUT 38 YEARS, OCC. FIELD ASSISTANT (UNDER SUSPENSION), DENDERU GRAM PANCHAYAT, KOTHAVALASA MANDAL, VIZIANAGARAM DISTRICT 1.D SRINIVASA RAO. S/0 CHINNAIAH ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, PANCHAYAT RAJ AND DEVELOPMENT (RD-II) DEPARTMENT, VELGAPUDI, AMARVATHI, GUNTUR RURAL SECRETARIAT, DISTRICT A.P., REP. BY PRINCIPAL SECRETARY. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT VIJAYAWADA, STATE OF ANDHRA PRADESH DISTRICT COLLECTOR CUM THE DISTRICT COORDINATOR, MAHATMA GANDHI 3. THE PROGRAMME NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME AP, VIZIANAGARAM DISTRICT. 4. THE PROJECT DIRECTOR, THE DISTRICT WATER MANAGEMENT AGENCY AND PROGRAMME COORDINATOR, NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME AP, VIZIANAGARAM. 5.THE MANUAL PARISHAD DEVELOPMENT OFFICER THE ADDL. DISTRICT MAHATMA GANDHI 2 CUM ADDITIONAL PROGRAMME COORDINATOR, MGNREGS-AP, KOTHAVALASA MANDAl! VIZIANAGARAM DISTRICT. ...RESPONDENT(S): 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 other appropriate writ or direction declaring the proceedings in Rc No. 1240/2025/DVC/DWMA dated 17.07.2025 passed the 4th respondent keeping the petitioner temporarily out of employment as Field Assistant of Denderu Gram Panchayat Mandal, Vizianagaram District as illegal, arbitrary, contrary to FAHR Policy issued in Circular No. 666/EGS(P)/2012 dated 08.01.2013 and against the principles of natural justice and set aside the same and consequently direct the Respondents to continue the Petitioner as Field Assistant of Denderu Gram Panchayat, Kothavalasa Mandal, Vizianagaraim District and pass lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents herein to continue the petitioner as Field Assistant Denderu Gram Panchayat, Kothavalasa Mandal Vizianagaram District by suspending the proceedings in Re No. 1240/2025/DVC/DWMA dated 17.07.2025 passed by the 4th respondent, pending disposal of the writ Petition Counsel for the Petitioner: 1.TADDI SOWMYA NAIDU Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: any Kothavalasa praying that in the of HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.20460 of 2025 ORDER: This writ petition is filed questioning the proceedings in Rc.No.1240/2025/DVC/DWMA dated 17.07.2025 passed by Respondent No.4 keeping the Petitioner temporarily out of employment as Field Assistant of Denderu Gram Panchayat, Kothavalasa Mandal, Vizianagaram District as illegal and arbitrary. The Petitioner was initially appointed as Rozgar Sevak for 2. Denderu Gram Panchayat in the year 2006. Subsequently, the Pursuant to nomenclature was changed as Field Assistant. social audit up to the year 2024-2025, certain allegations were raised against the Petitioner and consequently, a show cause notice was issued on 13.05.2025 on the basis of enquiry report dated 30.06.2025 calling for explanation from the Petitioner. As no explanation was submitted by the Petitioner, the impugned order dated 17.07.2025 was passed. Questioning the same, this writ petition is filed. 2 > ■ 3. The contention of the learned counsel for the Petitioner is that neither the show cause notice nor the enquiry report were issued to the Petitioner at any point of time and therefore, the Petitioner could not submit his explanation. It is in that context, learned counsel for the Petitioner submits that the impugned proceedings cannot be sustained. 4. Learned Assistant Government Pleader submits that the show cause notice as well as enquiry report were furnished again to the Petitioner shortly. 5. Taking note of the submissions made, this Court inclined to dispose of the writ petition with the following directions: (i) The Respondents shall issue copy of the show cause notice along with the documents relied upon in the enquiry report to the Petitioner so as to enable him to give effective reply. (ii) Thereafter, the Respondents shall take into consideration the explanation given by the Petitioner and pass appropriate orders after providing an opportunity of hearing as per the Field Assistants guidelines existing as on today. (iii) This exercise shall be completed within a period of one month from today. I 3 (iv) No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development (RD-II) 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 Coordinator, MGNREGS-AP District. 6. One CC to Sri Taddi Sowmya Naidu, Advocate [OPUC] 7. One CC to Sri M S R Chandra Murthy, Advocate [OPUC] 8. One CC to Sri G Sreenivas Reddy, Advocate [OPUC] 9. Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT] 10. Two CD Copies Kothavalasa Mandal, Vizianagaram TF HIGH COURT DATED:12/08/2025 I'' ORDER WP NO. 20460 OF 2025 ^ 0 6 SEP 2025 m Of/- Current beciion ^ DISPOSING OF THE W.P., WITHOUT COSTS