APHC010423682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21656 OF 2025 Between: G. Shiva Shankar Reddy, S/o G. Kasi Reddy, Aged about 45 years, Occ: Senior Assistant, under order of Transfer to District Hospital, Anantapur, R/o H.No.28-2A-10F, Ashok Nagar, Near GMC Nandyal, Rythunagar Road, Nandyal, erstwhile Kurnool District. ..... Petitioner And 1) The State of Andhra Pradesh, Rep. By its Special Chief Secretary, Medical, Health and Family Welfare Department, Secretariat, Velagapudi, Amaravathi. 2) The Director, Directorate of Secondary Health Services, Pathur Road, Kunchanapalli, Tadepalli, Guntur District. 3) The District Coordinator of Hospital Services, Kakinada, erstwhile East Godavari District. 4) The District Coordinator of Hospital Services, Kurnool, Kurnool District. 5) Smt.A.Siri, I.A.S., Occ: Director of Secondary Health Services, Tadepalli, Guntur District. 6) Dr. K.Srinivasa Rao, Occ: the then District Coordinator of Hospital Services, Kurnool, presently working as Medical Officer, Civil Dispensary, B. Camp., Kurnool, Kurnool District. 7) The Regional Director of Medical & Hospital Services, Zone-IV, Kadapa, YSR Kadapa District. 2 8) Dr. Ramagiddaiah, Occ: Regional Director of Medical & Hospital Services, Zone-IV, Kadapa, YSR Kadapa District. 9) Mohd. Rafi, Senior Assistant, Civil Dispensary, B. Camp., Kurnool 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 writ or order more particularly one in writ of MANDAMUS declaring the impugned proceedings vide File No.DSH- 11/76/2025-GENL ESTT-APVVP, dated 29.07.2025 of the 2nd Respondent and consequential proceedings vide Rc.No.521/E2/DCHS/KNL/2025, dated 06.08.2025 of the 4th Respondent in directing the Petitioner to attend the enquiry to be held on 13.08.2025 though there is no such direction by the 2nd and 3rd Respondents to conduct enquiry against the Petitioner nor for attending the enquiry, as illegal, arbitrary, violative of Articles 14 and 16 of the Constitution of India and to pass such other order. IA 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 proceedings vide File No.DSH-11/76/2025-GENL ESTT-APVVP, dated 29.07.2025 of the 2nd respondent and consequential proceedings vide Rc.No.521/ E2/ DCHS/ KNL/ 2025, dated 06.08.2025 Counsel for the Petitioner: VADAPALLI RAMESH Counsel for the Respondent GP FOR SERVICES I The Court made the following order: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.21656 of 2025 ORDER: 1. The present Writ Petition is filed questioning the Proceedings vide File No.DSH-11/76/2025-GENL ESTT-APVVP, dated 29.07.2025 issued by Respondent No.2 and consequential Proceedings vide Rc.No.521/E2/DCHS/KNL/2025, dated 06.08.2025 issued by Respondent No.4 directing the Petitioner to attend the enquiry scheduled to be conducted on 13.08.2025 though there was no such direction by Respondent Nos.2 and 3 to conduct enquiry against the Petitioner, as illegal and arbitrary. 2. The facts leading to filing of the present Writ Petition are as follows; The notice dated 29.07.2025 was issued with a proposal to conduct enquiry against Dr. K. Srinivasa Rao, then in charge of DCHS, Kurnool. As per the said notice, Dr. K. Srinivasa Rao had issued spouse employment certificate to Sri G. Shiva Shankar Reddy without mentioning the contractual status of the spouse and created unnecessary confusion. 4 3. Apart from that, it is stated that Dr. K. Srinivasa Rao had relieved Sri G. Mahammed Rafi, Senior Assistant, who had been working on FSD basis from the control of DPH & FW without any orders of the borrowing authority i.e. DSH, AP and relieving orders were issued in March, 2024 though they are no longer valid. The third aspect was that in the orders dated 01.03.2024 Dr. K. Srinivasa Rao had relieved the Senior Assistants, who were working on FSD basis without waiting for the posting orders from the parent department. 4. In that context, Dr. S. Swapna, DCHS, Kakinada was appointed as Enquiry Officer to conduct enquiry into the above allegations against Dr. K. Srinivasa Rao. A notice was issued to Dr. K. Srinivasa Rao on 06.08.2025 calling upon him to attend the enquiry. A Whatsapp message was also issued to the Petitioner to attend the enquiry on the said date. Questioning the same, the present Writ Petition is filed. 5. Learned counsel for the Petitioner submits that there is disciplinary enquiry initiated against the Petitioner and therefore calling him to attend the enquiry is uncalled for. 5 6. Learned Assistant Government Pleader would submit that only a preliminary enquiry is conducted by Dr. S. Swapna and it was in that context, the Petitioner was called upon to attend the enquiry. 7. Heard the respective counsel. The impugned notices dated 29.07.2025 and 06.08.2025 were not issued to the Petitioner and they were issued to Dr. K. Srinivasa Rao. It is not clear from the writ affidavit as to how the Petitioner is aggrieved by the said notices. Even otherwise, the Whatsapp message that was issued to the Petitioner is only for the purpose of attending a preliminary enquiry and the Petitioner cannot be said to be aggrieved by the same. Therefore, this Court does not find any merit in the Writ Petition. 8. Accordingly, the Writ Petition is dismissed. No order as to costs. 9. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 21.08.2025 IS 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.21656 of 2025 Date: 21.08.2025 IS