APHC010408072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (l$f^ mi o 0?^ !j (Special Original Jurisdiction) WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21822 OF 2Q2fi o U •> Between: Bellana Suryanarayana, S/o Late Ramulu, Aged about Assistant, Vizianagaram District. 42 years, Occ; Field H.Kondalaveru Gram Panchayat, Merakamudidham Mandal, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development, Velagapudi, Amaravathi, AP. Guntur District. 2. The District Collector and Programme Coordinator National Rural Employment Guarantee Vizianagaram District. 3. The Project Director, District Additional Programme Co-Ordinator Mahatma Gandhi Vizianagaram, Scheme, Water Management Agency and Mahatma Gandhi National Rural Employment Guarantee Scheme, Vizianagaram, Vizianagaram 4. The Programme Officer, Mahatma Gandhi National Guarantee Scheme, Merakamudidham Mandal, District. Rural Employment Vizianagaram District. ...RESPONDENTS of India praying that in the the High Court may be Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith, pleased to issue an appropriate, writ, direction or order, more particularly one in the nature of Writ of Mandamus declaring the impugned suspension orders proceedings R.C.No.2853/2024/HR, dated 30-01-2025 passed by the 3^^^ Respondent, thereby suspending me temporarily from the post of Field Assistant working in H.Kondalaveru Gram Panchayat Mandal, Vizianagaram District without considering my explanation given to the show cause notice dated.24-12-2024 and without procedures as in HR policy of the Field Assistants Merakamudidham following the as the disciplinary me under proceedings shall be completed within 30 days and continuing suspension after the said period and by not following the proceedings No.452/EGS/PM(QC)/2010 dtd.29-02-2012 Development, A.P., Hyderabad with regard responsibility and recovery and with predetermination and without application of mind passing such orders as illegal and arbitrary, violating of Principles of Natural Justice and offends 14 & 21 of the Constitution of the Commissioner, to the apportionment of of India and the proceedings may be set aside, and it is further consequentially prayed that direct the Respondent No.3, to forthwith reinstate the with all consequential benefits. Petitioner into service lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court suspend the operation of the impugned proceedings in R.C.No. 2853/2024/HR, dated: 30-01-2025 of the Respondent may be pleased to No.3 duly directing him to reinstate the Petitioner into service to the post of Field Assistant at H.Kondalaveru Gram Panchayat, Merakamudidham Mandal, Vizianagaram District. Counsel for the Petitioner: SRI M.CHIRANJEEVI Counsel for the Respondent No.1: GP FOR SERVICES-I Counsel for the Respondent Nos.2 to 4: SRI M.S.R.CHANDRA MURTHY, SC FOR MGNREGS The Court made the following order: APHC010408072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] 0?: WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21822/2025 Between; 1.BELLANA SURYANARAYANA, S/0 LATE RAMULU, AGED ABOUT 42 YEARS, OCC FIELD ASSISTANT, PANCHAYAT, MERAKAMUDIDHAM MANDAL, DISTRICT. H.KONDALAVERU GRAM VIZIANAGARAM ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARY, VELAGAPUDI, AMARAVATHI, AP. GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR AND PROGRAMME COORDINATOR, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 31-HE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY AND MAHATMA GANDHI NATIONAL RURAL EMIOYMENT GUARANTEE SCHEME, VIZIANAGARAM, VIZIANAGARAM DISTRICT. ADDITIONAL PROGRAMME CO-ORDINATOR, 4.THE PROGRAMME OFFICER, MAHATMA GANDHI NATIONAL GUARANTEE SCHEME, EMPLOYMENT RURAL MERAKAMUDIDHAM 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 2 pleased to issue an appropriate, writ, direction or order, more particularly one in the nature of Writ of Mandamus declaring the impugned suspension orders proceedings R.C.No. 2853/2024/HR, dated 30^01- 2025 passed by the 3RD Respondent, thereby suspending me temporarily from the post of Field Assistant working in H.Kondalaveru Gram Panchayat Mandal, Vizianagaram District without considering my explanation given to the show cause notice dated.24-12-2024 and without procedures as in HR policy of the Field Assistants Merakamudidham following the as the disciplinary proceedings shall be completed within 30 days and continuing me under suspension after the said period and by not following the proceedings No.452/EGS/PM(QC)/2010 Development, A.P., Hyderabad with regard to the apportionment responsibility and recovery and with predetermination and without application of mind passing such orders as illegal and arbitrary, violating of Principles of Natural Justice and offends 14 AND 21 of the Constitution of India and the proceedings may be set aside, and it is further consequentially prayed that direct the Respondent No.3, to forthwith reinstate the Petitioner into with all consequential benefits, and pass dtd.29-02-2012 of the Commissioner, of service 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 the impugned 2853/2024/HR, dated: 30-01-2025 of the Respondent No.3 duly directing him to reinstate the Petitioner into service to the post of Field H.Kondalaveru Gram Panchayat, Merakamudidham Mandal, Vizianagaram District, and pass Counsel for the Petitioner: 1.MCHIRANJEEVI Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: proceedings in R.C.No. Assistant at 1. 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21822/2025 ORDER: The present writ petition is filed questioning the action of the 3 R.C.NO.2853/2024/HR, dated Respondent in issuing proceedings in 30.01.2025 keeping the Petitioner temporarily out of employment as Field Assistant, as arbitrary and illegal. 2. The facts leading to the filing of the writ petition are as follows; The Petitioner was working as Field Assistant in H.Kondalavery Gram Panchayat, Merakamudidham Mandal, Vizanagaram District from 2007 and certain allegations and proceedings vide R.C.No.2853/2024/HR, dated 30.01.2025 were issued keeping the Petitioner temporarily out of employment as Field Assistant. 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 as expeditiously as possible. The further contention is that the guidelines are not statutory and even otherwise, no consequence is stated for non-compliance of the time on I 4 frame of 30 days and therefore, the same cannot be said to be mandatory. The maintainability of the writ petition was also questioned on the ground that the nature of job of the Petitioner is akin to that of a Labourer. 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 4th Respondent to reinstate the Petitioner into service and conclude the enquiry after providing due opportunity of hearing to the Petitioner within a period of three (3) weeks from the date of receipt of copy of this order. No order as to costs As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/-SHAlK MOHD RAFl assistant registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development, State of Andhra Pradesh, Velagapudi, Amaravathi, AP. Guntur District. District Collector and Programme Coordinator, Mahatma Gandhi Vizianagaram, 2. The National Rural Employment Guarantee Scheme Vizianagaram District. District Water Management Agency and 3. The Project Director Additional Programme Co-Ordinator, Mahatma Gandhi National Rural Employment Guarantee Scheme, Vizianagaram, Vizianagaram District. 4. The Programme Officer, Mahatma Gandhi National Rural Employment Guarantee Scheme, Merakamudidham Mandal, Vizianagaram District. 5. One CC to Sri M. Chiranjeevi, Advocate [OPUC] 6. Two CCs to GP for Services-1, High Court of Andhra Pradesh [OUT] 7. Two CD Copies ssh HIGH COURT DATED:20/08/2025 ORDER WP No. 21822 OF 2025 5 ^ t S£P 2025 % ^ ^ Curren! beciion ^ DISPOSING OF THE W.P. WITHOUT COSTS