•( APHC010425262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) u I V TUESDAY, THE SECOND DAY OF SEPTEMBER^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21873 OF 2025 Between: V. Rajeshwara Rao, S/o. Late V.Mohan Rao, Aged about 42 years, Occ: Assistant Engineer (Electrical), LIG-58, Staff Quarters, Sri Bhramarambika Mallikarjuna Swamy Devasthanam, Srisailam. ...PETITIONER AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary, Endowments Department, Secretariat, Amaravati, Guntur District. 2. The Commissioner of Endowments, Opp: S.Grand Restaurant, One Centre, Gollapudi, Vijayawada - 521 225. 3. The Special Grade Deputy Collector & Executive Officer, Sri Bhramarambika Mallikarjuna Swamy Devasthanam, Srisailam. ...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, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings Rc.No.A1/E-684187/202 5, dt. 08.02.2025 dismissing the Petitioner from service from the post of Assistant Engineer, Electrical issued by the 3'^^ Respondent as illegal, arbitrary, violative of Articles 14, 16 and 21 of the Constitution of India and contrary to the principles of natural justice and set aside the same and consequently reinstate the Petitioner into service with all consequential benefits, including back wages from the date of his illegal dismissal. lA No: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated I in the affidavit filed in support of the petition, the High Court may be pleased to stay the order Rc.No.A1/E-684187/2025, dt.08.02.2025 and consequently continue the Petitioner in service, pending disposal of the Writ Petition. lA No: 2 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 stay the order Rc.No.C2/427723/2025, dt. 06.07.2025 and allow the Petitioner to continue stay in the quarter allotted to him pending disposal of the Writ Petition. Counsel for the Petitioner: SRI M.SRIKANTH Counsel for the Respondent No.1: GP FOR SERVICES-II Counsel for the Respondent Nos.2 & 3: SRI T. VENU GOPAL, SC FOR ENDOWMENTS (RAYALASEEMA REGION) The Court made the following order: V APHC010425262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE [3460] PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21873/2025 Between; ...PETITIONER V Rajeshwara Rao AND ...RESPONDENT{S) The State Of Ap and Others Counsel for the Petitioner: 1.M SRIKANTH Counsel for the Respondent{S); 1 .T VENU GOPAL SC FOR ENDOWMENTS (RAYALASEEMA REGION) 2.GP FOR SERVICES II The Court made the following; 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W P Nn,21873 of 2025 ORDER: the Proceedings the present Writ Petition Rc.No.A1 /E-684187/2025 Respondent No.2 in dismissing post of Assistant Engineer { Electrical) is in question. In dated 08.02.2025 issued by the the Petitioner from service from the 2. The Petitioner was appointed as Assistant Engineer on a contract basis pursuant to a regular selection process and is drawing a salary of Rs.48,460/-. While so, the impugned order of termination was passed on the ground that the Petitioner was found to be consuming alcohol at his house. As the action caused desecration of the tempie town and Section 23 (5) (vii) of the Endowments Act Conduct Rules, the impugned Order of of the Petitioner was in violation of and the Employee termination was passed. the Petitioner submits that the enquiry was conducted nor any issued before passing the impugned Learned counsel for 3. charges are baseless as no show cause notice was order. — V 3 4. Learned counsel appearing for the Respondents would submit that the misconduct of the Petitioner violation of the Employees Conduct Rules and Section 23 (5) (vii) of the Endowment Act, and therefore, the impugned Order need not be interfered with. Considering that the Petitioner has been in service since 2004 in the cadre of Assistant Engineer and is drawing a salary akin to a regular employee i.e., Rs.48,460/- per month, the impugned Order straight away terminating the Petitioner without conducting any enquiry is unsustainable, especially in the absence of any iota of proof as per the impugned Order to establish the misconduct. amounts to 5. 6. The Hon’ble Apex Court in U.P. State Road Transport Corporation and Others v. Brijesh Kumar and others^ and Swathi Priyadarshini v the State of Madhya Pradesh and others held that even the contract/outsourcing employees entitled to an enquiry to be conducted when their services being terminated on stigmatic grounds. are are 2024 Live Law (SC) 628 ^ 2024 Live Law (SC) 604 4 7. Accordingly, the Writ Petition is disposed of with the following directions: I) The Respondent Authorities are directed to reinstate the Petitioner into service as Assistant Engineer; (ii) The Respondent Authorities are at liberty to conduct an enquiry against the Petitioner in compliance with principles of natural justice. (iii) There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, Endowments Department, State of Andhra Pradesh Secretariat, Amaravati, Guntur District. 2. The Commissioner of Endowments, 0pp. S.Grand Restaurant, One Centre, Gollapudi, Vijayawada - 521 225. 3. The Special Grade Deputy Collector & Executive Officer, Sri Bhramarambika Mallikarjuna Swamy Devasthanam, Srisailam. 4. One CC to Sri M.Srikanth, Advocate [OPUC] 5. Two CCs to GP for Services-ll High Court of Andhra Pradesh [OUT] 6. One CC to Sri T.Venu Gopal, SC for Endowments (Rayalaseema Region. [OPUC] 7, Two CD Copies. HIGH COURT DATED:02/09/2025 ORDER WP No.21873 OF 2025 ^ n SEP 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS