IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTi' WRIT PETITION NO: 746 OF 2025 Between: K. Chinna Linganna, S/o K. Naganna, Aged 38 years, Field Assistant, Thatipadu Gram Panchayath, Jupadu Bungalow Mandal, Kurnool District. ...PETITIONER^ AND The State of Andhra Pradesh, Rep. by it's Principal Secretary Panchayath Raj & Rural Development Dept., Secretariat Buildings, Velagapudi, Guntur Dist. The Commissioner, Panchayat Raj AND Rural Development, Secretariat Building, Velagapudi, Guntur Dist. The District Collector, Kurnool District at Kurnool. The Project Director, District Water Management Board, Kurnool District at Kurnool. The Mandal Prajaparishath Development Officer, Jupadu Bungalow Mandal, Kurnool Dist 1. 2. 3. 4. 5. ...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 action of the 4*^ Respondent in Suspending the Petitioner by passing Temporary Out of Contract Order vide proceedings R.C.No.139/HRM/MEMO/2023, Dated 07-01-2025, by directing the 5*^ Respondent not to allow the Petitioner to attend duties the same day of giving Show Cause Notice, Dated 07-01-2025, without V , on giving any opportunity to the Petitioner to give explanation is as Illegal, Arbitrary and violation of Principles of Natural Justice apart from violation of Art.14, 19 and 21 of Constitution of India and consequently set aside the same. 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 operation of the 4*^ Respondent’s proceedings R.C.NO.139/HRM/MEMO/2023, Dated 07-01-2025, pending disposal of the above writ petition. Counsel for the Petitioner; SRI J. U. M. V. PRASAD Counsel for the Respondent Nos.1 to 3; SRI S. RAJU, AGP FOR SERVICES IV Counsel for the Respondent No.4: SRI M.S.R. CHANDRA MURTHY, SC FOR MGNREGS Counsel for the Respondent No.5: SMT. B.V.APARNA LAKSHMI, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER r APHC010014472025 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: 746/2025 Between: 1.K CHINNA LINGANNA, S/0 K NAGANNA, AGED 38 YEARS, FIELD ASSISTANT, THATIPADU GRAM PANCHAYATH BUNGALOW MANDAL, KURNOOL DISTRICT. JUPADU ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETRY DEPT., SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DIST. PANCHAYATH RAJ AND RURAL DEVELOPMENT 2.THE COMMISSINER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DIST. 3.THE DISTRICT COLLECTOR, KURNOOL DISTRICT AT KURNOOL. 4.THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT BOARD, KURNOOL DISTRICT AT KURNOOL. 5.THE MANDAL PRAJAPARISHATH DEVELOPMENT OFFICER, JUPADU BUNGALOW MANDAL, KURNOOL DIST ...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 Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4TH Respondent f 2 in Suspending the Petitioner by passing Temporary Out of Contract Order vide proceedings R.C.No.139/HRM/MEMO/2023, Dated 07-01-2025, by directing the 5TH Respondent not to allow the Petitioner to attend duties, on the same day of giving Show Cause Notice, Dated 07-01-2025, without giving any opportunity to the Petitioner to give explanation is as Illegal, Arbitrary and violation of Principles of Natural Justice apart from violation of Art.14, 19 and 21 of Constitution of India and consequently set aside the same and to pass 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 operation of the 4TH Respondent’s proceedings R.C.NO.139/HRM/MEMO/2023, Dated 07-01-2025, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.J U M VPRASAD Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following: :: ORDER :: Heard Sri J.U.M.V.Prasad, learned counsel for the petitioner, Sri S.Raju, learned Assistant Government Pleader for Services appearing for 1 respondent, Sri M.S.R. Chandra Murthy, learned Standing counsel for respondents 2 to 4 and Smt B.V.Aparna Lakshmi, learned Standing counsel for 5**^ respondent. St Impugning the proceedings issued by 4**^ respondent placing the petitioner Temporary out of Contract vide Rc.No.139/HRM/MEMO/202 3, dated 07.01.2025 (Ex.PI), the above writ petition is filed. 2. Learned counsel for the petitioner would submit that on the same day a of show cause notice vide Rc.No.139/HRM/MEMO/2023, dated 07.01.2025 (Ex.P2) was issued. The report dated 06.01.2025, referred to at SI.No.2 of the 3. 3 proceedings, Ex.P1 or Ex.P2, was not furnished to the petitioner to submit explanation. Standing counsel would submit that the report or other required by the petitioner to furnish the explanation, will be Learned documents furnished to the petitioner in fourteen days. 4. 5. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, at the stage of admission of both the learned counsel, directing the respondent to with the consent furnish the relevant documents to the petitioner to enable the petitioner to submit explanation to the show cause notice {Ex.P2) within two weeks from shall submit explanation within two weeks thereafter by today. Petitioner annexing documents, if any. On receipt of the explanation, the 4'"^ respondent shall provide an opportunity of hearing of the petitioner and pass appropriate accordance with Field Assistant Human Resource Policy, orders strictly in 2013. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. Sd/- V SAVITHRI GOWRI ASSISTANT REGISTRAR /?- ^ SECTION OFFICER //TRUE COPY// To, The Principal Secretary, Panchayath Raj AND Rural Development Dept., State of Andhra Pradesh, Secretariat Buildings, Velagapudi 1. Guntur Dist. 2. The Commissioner, Panchayat Raj AND Rural Development, Secretariat Building, Velagapudi, Guntur Dist. 3. The District Collector, Kurnool District at Kurnool. District Water Management Board, Kurnool District 4. The Project Director, at Kurnool. 5. The Mandal Prajaparishath Development Officer, Jupadu Bungalow Mandal, Kurnool Dist 6. One CC to Sri J. U. M. V. Prasad, Advocate [OPUC] 7. One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS[OPUC] 8. One CC to Smt. B.V. Aparna Lakshmi, SC for ZPP, MPP & Gram Panchayat[OPUC] 9. Two CCS to GP for Services-IV, High Court Of Andhra Pradesh. [OUT] 10. Three CD Copies. ssb HIGH COURT DATED:09/01/2025 15 FEB 21I25 | Current Section "espATcW^r^ ft ORDER WP.No.746 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS