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2025 DAILYLAW 28677 (AP)

V. Kondaiah v. State of Andhra Pradesh,

WP/21353/2025 · 2025-08-13

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

V-' APHC010409092025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21353 OF 2025 Between: V. Kondaiah, S/o Kpndaiah, Aged 40 years, Occ- Field Assistant, R/o Palugurallapalle Village, Brahmamgari Matam Mandal, YSR Kadapa District. ...Petitioner AND 1. State of Andhra Pradesh, Rep by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Guntur District. 2. District Collector and District Program Coordinator, MGNREGS, YSR Kadapa District. 3. Project Director cum AddI District Program Coordinator, District Water Management Agency, YSR Kadapa District. 4. Mandal Parishad Development Officer MPDO, MGNREGS, Mandal Praja Parishad ,B. Matam Mandal YSR Kadapa 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the suspension order of the 3rd respondent Vide R.C.NoC9/283/B.Matam(Man)/18SA/2025 dated suspending the petitioner from the post of Field Assistant, Palugurallapalli Gram Panchayat on the basis of tampered Social Audit report, without any show cause notice as specified under clause 13(B)(2) as illegal, irregular, irrational and arbitrary and violative of Articles 14 and 21 of Constitution of India and consequently suspend the suspension order of the 3rd respondent vide R.C.NoC9/283/B.Matam(Man)/18SA/2025 dated 26.03.2025. 26.03.2025, thereby 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 suspension order of the 3rd R.C.No:C9/283/B.Matam(Man)/18SA/2025 dated suspending the petitioner as Field Assistant of Palugurallapalli Village, Brahmamgari Matam Mandal, YSR Kadapa District pending disposal of the above writ petition. respondent vide 26.03.2025 thereby Counsel for the Petitioner: SRI M SOLOMON RAJU Counsel for the Respondent No.1: GP FOR SERVICES I Counsel for the Respondent NOs.2 & 3: SRI M S R CHANDRA MURTHY Counsel for the Respondent No.4: M/S B V APARNA LAKSHMI The Court made the following order: 4 -> APHC010409092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: [3460] Between: V. Kondaiah ...PETITIONER AND State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.M SOLOMON RAJU Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: ...RESPONDENT(S) t: V 2 4. THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.21353 of 209fi ORDER: The present Writ Petition is filed to declare the order of the 3^"^ respondent vide R.C.NoC9/283/B suspension .Matam(Man)/ 18SA/ 2025 dated 26.03.2025, thereby suspending the Petitioner from the post of Field Assistant, Palugurallapalli Gram Panchayat report, without any show on the basis of tampered Social Audit cause notice as specified under clause arbitrary. 13(B)(2) as illegal and 2. The facts leading to the filing of the case are as follows: The Petitioner is working Palugurallapalle Gram Panchayat, B. Matam seven years. While so, on 26.03.2025 he Field Assistant in as Mandal for the last received a Suspension Respondent No.3 stating in social audit and Order-cum-Show Cause Notice from that there are job card irregularties found i therefore, keeping the Petitioner temporarily out of employment as Field Assistant and sought for explanation. 3. It is the contention of the learned counsel for the Petitioner that a? the enquiry proceedings were not concluded within the 3 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 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. Learned standing counsel Sri M.S.R.Chandra Murthy, submits that the enquiry would be initiated soon and the same would be concluded within three weeks. The further contention is 4. that the guidelines are not statutory and even otherwise consequence is stated for non-compliance of the time frame of 30 days and therefore, the 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. no 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 Respondent Authorities to reinstate the Petitioner into service and conclude the enquiry after providing due opportunity of hearing to the Petitioner within a 5. 4 period of three (3) weeks from the date of receipt of copy of this order. No orderas to costs. As a sequel, pending applications, if any, shall stand closed. Sd/-V.DIWAKAR DEPUTY REQISTRAR //TRUE COPY// SECTION OFFICER To. 1. Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Guntur District. 2. District Collector and District Program Coordinator, MGNREGS, YSR Kadapa District. 3. Project Director cum AddI District Program Coordinator, District Water Management Agency, YSR Kadapa District. 4. Mandal Parishad Development Officer MPDO, MGNREGS, Mandal Praja Parishad ,B. Matam Mandal YSR Kadapa District. 5. One CC to Sri. M Solomon Raju, Advocate [OPUC] 6. Two CCs to GP For Services I High Court of Andhra Pradesh [OUT] 7. One CC to Sri M S R Chandra Murthy, Advocate [OPUC]. 8. One CC to M/S B V Aparna Lakshmi, Advocate [OPUC]. 9. Two CD Copies. AL I HIGH COURT DATED: 14/08/2025 ORDER WP NO. 21353 OF 2025 11 SEP m I’ . Current Seciion . 'w i^s:^SPATCHg DISPOSING OF THE W.P. WITHOUT COSTS