APHC010011962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 648/2025 Between: 1. P. CHIRANJEEVI,, S/O. P. ADIYYA, AGED ABOUT 39 YEARS, OCCUPATION FIELD ASSISTANT (REMOVAL), R/O. H.NO. 11-73, SHALAPADU, SANGAM JAGARLAMUDI, CHEBROLU MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTORCUMDISTRICT PROGRAMME COORDINATOR OF MGNREGS, GUNTUR DISTRICT, GUNTUR. 3. THE PROJECT DIRECTORCUMADDITIONAL DISTRICT PROGRAMME COORDINATOR OF MGNREGS, DISTRICT WATER MANAGEMENT AGENCY, GUNTUR 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 pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings in Rc.No.111/FASM/2023 dated 07-12-2024 passed by the 3rd respondent thereby removed the petitioner from the post of Field Assistant, Shalapadu 2 Gram Panchayat, Chebrolu Mandal, Guntur District, without conducting proper enquiry, without considering explanations dated 13-08-2024, 29-08- 2024 and 13-11-2024 and without furnishing any Enquiry Report is illegal, irregular, arbitrary, violative of principles of natural justice and violative of Article 14 and 21 of Constitution of India and consequently set aside the proceedings dt. 07-12-2024 as illegal and direct the respondents to reinstate the petitioner into service for the said post 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 Proceedings in Rc.No.111/FASM/2023 dated 07-12- 2024 passed by the 3rd respondent by reinstating the petitioner in the post of Field Assistant, Shalapadu Gram Panchayat, Chebrolu Mandal, Guntur District, pending disposal of the main writ petition Counsel for the Petitioner: 1. BUGULU SREETEJA Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following: ::ORDER:: Heard Sri P.Yugandhar, learned counsel representing Ms Bugulu Sreeteja, learned counsel for the petitioner, Sri M.S.R.Chandra Murthy, learned Standing appearing for respondents 2 and 3 and Sri S.Raju, learned Assistant Government Pleader for Services appearing for 1st respondent. 2. Impugning the proceedings issued by the 3rd respondent vide Rc.No.111/FA SM/2023, dated 07.12.2024 (Ex.P1), whereby, the petitioner was removed from service as Filed Assistant, the above writ petition is filed. 3. At the hearing, learned counsel for the petitioner would submit that along with the show cause notice issued vide Rc.No.111/FA SM/2023, dated 31.07.2024 (Ex.P2) documents were not furnished. Learned counsel would 3 also submit that the order impugned is liable to be set aside on the ground of violation of the Principles of Natural Justice. 4. Per contra, learned Standing counsel would submit that a show cause notice vide Rc.No.111/FA SM/2023, dated 31.07.2024 (Ex.P2) was issued to the petitioner and the petitioner submitted explanation on 13.08.2024 (Ex.P3). Thereafter, the petitioner was suspended (Temporary out of Contract) vide Rc.No.111/FA SM/2023, dated 21.08.2024 (Ex.P4). Petitioner submitted another explanation on 29.08.2024 (Ex.P5). After suspension, another show cause notice vide Rc.No.111/FA SM/2023, dated 06.09.2024 (Ex.P6) was issued. Thereafter, another notice vide Rc.No.111/FA SM/2023, dated 06.11.2024 (Ex.P7) was issued directing the petitioner to attend the inquiry on 13.11.2024. The petitioner attended the inquiry on 13.11.2024 and submitted one more set of objections on 13.11.2024 (Ex.P8). After considering all the objections, a reasoned order was passed. Petitioner, without filing an appeal as per Clause-13 of Field Assistant Human Resource Policy, 2013, filed the above writ petition. Hence, prayed to dismiss the petition. 5. As seen from the pleadings and exhibits, there is no dispute regarding the appointment of the petitioner as Field Assistant; suspension; show cause notice and explanations. In the order impugned, each of the objections submitted by the petitioner to the show cause notice was considered. The petitioner, in fact, has a right to file the appeal as per Clasue-13 of Field Assistant Human Resource Policy, 2013. Without availing effective alternative remedy, the petitioner approached this Court by filing a writ petition. 6. While exercising jurisdiction under Article 226 of the Constitution of India, this Court, normally will not adjudicate disputed questions of fact. Of course, there is no bar from filing a writ petition however, a writ petition can be maintained in case of violation of Principles of Natural Justice and lack of jurisdiction. 4 7. The main contention of the petitioner is that non-supply of the documents, vitiated disciplinary proceedings. However, as seen from the reply the petitioner submitted a detained reply on two occasions. At no point in time, did the petitioner raise ground regarding the non-supply of the material paper to enable him to submit a proper explanation. Since a reasoned order was passed, this Court does not find any merit in the writ petition and the writ petition is liable to be dismissed. At this juncture, learned counsel for the petitioner would submit that the petitioner avails the right of appeal. 8. Given the facts and circumstances the writ petition is dismissed, however, giving liberty to the petitioner to file an appeal before the 2nd respondent against the order impugned vide Rc.No.111/FA SM/2023, dated 07.12.2024 (Ex.P1). There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 09.01.2025 SNI 5 256 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.648 OF 2025 Dated: 09.01.2025 SNI