¥ ¥: ¥ ¥ ¥ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 749 OF 2025 Between: A.Sanjeevarayudu, S/o.Sanjeevarayudu, aged 43 years, Occ: Field Assistant, Viswanathapuram Grama Panchayat, R/o.H.No.1/56,Viswanathapuram, Mydukur Mandal, Kadapa District-516173. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat.Velagapudi, Amaravathi, Guntur District. The Project Director, District Water Management Agency, Y.S.R.Kadapa District. The Mandal Perished Development Officer- Cum- Nodal Officer, Election Code of Conduct, Mydukur Mandai,Y.S.R.Kadapa District. The Viswanathapuram Grama Panchayat, Rep by its Panchayat Secretary, Viswanathapauram Village, Mydukur Mandal.Y.S.R.Kadapa District. 2. 3. 4. ...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 directions, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents 2 to 4 in removing the petitioner from service from the post of Field Assistant w.e.f. 24-12-2024 by proceedings Rc. No.350/HR/Mydukur FA/2024, dated.24-12-2024 issued by the 2 respondent which is illegal, arbitrary, unjust, unconstitutional, violation of CCA Rules, violation of Articles 14, 16 and 21 of the 24-12-2024 by Rc. Constitution of India and in violation of r-^ Principles of Natural Justice and consequently set aside the proceedings Rc.No.350/HR/Mydukur FA/2024, dated.24-12-2024 issued by the 2 respondent and further direct the respondents to continue the service with all consequential benefits with regular salaries. petitioner in lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the writ petition, the High Court may be pleased to grant interim No.350/HR/Mydukur FA/2024, dated. 24-12-2024 issued by the 2 respondent and continue the petitioner in service pending disposal of the Writ Petition. suspension of proceedings Rc. nd Counsel for the Petitioner : SRI CHALLA SIVASANKAR Counsel for the Respondent No.1 : GP FOR SERVICES IV Counsel for the Respondent No.2 : SRI M.S.R. CHANDRA MURTHY, SC FOR DWMA Counsel for the Respondent Nos.3 & 4 :SMT. B.V. APARNA LAKSHMI, SC FOR GRAM PANCHAYAT ’ The Court made the following: ORDER •, APHC010013742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 0?. [3331] ^ FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 749/2025 Between: 1.A.SANJEEVARAYUDU, S/O.SANJEEVARAYUDU, AGED 43 YEARS, OCC. FIELD ASSISTANT, VISWANATHAPURAM GRAMA PANCHAYAT. R/0.H.N0.1/56.VISWANATHAPURAM, MYDUKUR MANDAL, KADAPA DISTRICT-516173. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT.VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY, Y.S.R.KADAPA DISTRICT.. 3.THE MANDAL PERISHED DEVELOPMENT OFFICER CUM NODAL OFFICER, ELECTION CODE OF CONDUCT, MANDAI,Y.S.R.KADAPA DISTRICT. 4.THE VISWANATHAPURAM GRAMA PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, MYDUKUR MANDAUY.S.R.KADAPA DISTRICT. MYDUKUR VISWANATHAPAURAM VILLAGE, ...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 topleased to issue a Writ, order or directions, more particularly one in ihe nature of Writ of Mandamus, declaring the inaction of the respondents 2 to 4 in removing the petitioner from service from the post of Field Assistant w.e.f. 24-12-2024 by proceedings Rc. No.350/HR/Mydukur FA/2024, dated.24-12-2024 issued by the 2 respondent which is illegal, arbitrary, unjust, unconstitutional , violation of CCA Rules, violation of Articles 14, 16 and 21 of the 24-12-2024 by Rc. Constitution of India and in violation of Principles of Natural Justice and consequently set aside the proceedings Rc.No.350/HR/Mydukur FA/2024, dated.24-12-2024 issued by the 2 respondent and further direct the respondents to continue the petitioner in service with all consequential benefits with regular salaries 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 pleased to grant interim suspension of proceedings Rc. No.350/HR/Mydukur FA/2024, dated. No.350/HR/Mydukur FA/2024, dated. 24-12-2024 issued by the 2nd respondent and continue the petitioner in service pending disposal of the Writ Petition Counsel for the Petitioner: 1.CHALLASIVASANKAR Counsel for the Respondent(S): 1.GP FOR SERVICES IV 2.M R K CHAKRAVARTHY The Court made the following: :ORDER: Impugning the proceedings issued by respondent No.2 vide Rc.No.350/HR/Mydukur FA/2024 dated 24.12.2024 removing the petitioner (terminating the contract permanently) as Field Assistant, w.e.f. 24.12.2024, the above writ petition is filed. 2. Heard Sri Challa Siva Sankar, learned counsel for the petitioner; Sri S. Raju, learned Assistant Government Pleader for respondent No.l; Sri '\ M M.S.R. Chandra Murthy, learned standing counsel for respondent No.2 and Smt. Aparna Lakshmi, learned standing counsel for respondents 3 and 4. Learned counsel for the petitioner would submit, by proceedings Rc.No.350/HR/Mydukur FA/2024 dated 04.04.2024 (Ex.P3) the petitioner was suspended. A show cause notice was also issued vide Ex P.3 and the petitioner submitted an explanation dated 13.04.2024 (Ex.P2). However, respondent No.2, without conducting a personal hearing, as mandated under clause 13 of the Filed Assistant Human Resource Policy, 2013 (FAHRP), passed the order impugned. 3. Learned standing counsel for respondent No.2, on instructions, would fairly submit that after submission of the explanation by the petitioner under Ex.P3, respondent No.2 passed the order impugned, without conducting a personal hearing. 4. It is not out of place to mention here that clause 13 of FAHRP prescribes a procedure to be followed in disciplinary proceedings. As per Clause 13(2) and (3), the authority has to issue a show cause notice giving 14 days to submit an explanation. Thereafter a personal hearing is contemplated as per clause 13(4) of FAHRP. 5. In the case at hand, as seen from the order impugned, it does not disclose about conducting of a personal hearing in pursuance of an explanation submitted by the petitioner. In fact, the learned standing counsel fairly submitted that a personal hearing is not conducted. Since the procedure mandated under the policy has been violated, the order impugned is liable to be set aside. 6. 7. Given the facts and circumstances the Writ Petition is allowed. The impugned proceedings issued by respondent No.2 vide Rc.No.350/HR/Mydukur FA/2024 dated 24.12.2024, are hereby set aside. The matter is remanded to respondent No.2. The learned respondent No.2 shall issue notice to the petitioner, conduct a personal hearing and pass a reasoned ro strictly as per the FAHRP, 2013 within four weeks from the receipt of a copy of this order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Project Director, District Water Management Agency, Y.S.R.Kadapa District. 3. The Mandal Perished Development Officer- Cum- Nodal Officer, Election Code of Conduct, Mydukur Mandai,Y.S.R.Kadapa District. 4. The Panchayat Secretary, Viswanathapuram Grama Panchayat, Viswanathapauram Village, Mydukur Mandal, Y.S.R.Kadapa District. 5. One CC to Sri Challa Sivasankar, Advocate [OPUC] 6. Two CCs to GP for Services IV, High Court of Andhra Pradesh. [OUT] 7. One CC to Sri M.S.R. Chandra Murthy, SC for DWMA (OPUC) 8. One CC to Smt. B.V. Aparna Lakshmi, SC for Gram Panchayat (OPUC) 9. Three C.D. Copies. Cnr HIGH COURT DATED:24/01/2025 ORDER g 18 FEB 2025 S ^ . Current Section , ^^^^PATCHeSU«<!^ WP.No.749 of 2025 ALLOWING THE W.P. WITHOUT COSTS