APHC010575042024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30106/2024 Between: Lamidipalli Ravi Kumar ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. S SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following: ORDER Heard Sri S.Srinivasa Rao, learned counsel for petitioner, Sri M.S.R.Chandra Murthy, learned standing counsel for respondents 2 & 3, and Sri G.Srinivasulu Reddy, learned standing counsel for Respondents 4 & 5. 2. Impugning the proceedings issued by the 3rd respondent vide Rc.No.11/2022/D.V.C/E2, dated 29.10.2024, the above writ petition is filed. 3. Three show cause notices dated 03.06.2022, 10.05.2023 and 06.03.2024 were issued to the petitioner. The petitioner submitted an explanation and attended the enquiry on 25.07.2024. Thereafter, by proceedings vide Rc.No.11/2022/S.T.V/E2, dated 14.08.2024, the petitioner was placed under suspension. The petitioner submitted an explanation dated 02.09.2024. 4. Learned counsel for the petitioner would submit that even without affording an opportunity of hearing to the petitioner, as mandated under the Field Assistants Human Resource Policy, 2013, the order impugned was passed. 5. Sri M.S.R.Chandra Murthy, learned standing counsel for respondents 2 and 3 would submit that after the suspension order dated 14.08.2024 and explanation submitted by the petitioner on 02.09.2024. Though the enquiry was not conducted by 3rd respondent, however, an order was passed based on the material available on record. He would submit that the petitioner instead of filing an appeal, approached this Court. 6. Clause No.13 of the Field Assistants Human Resource Policy, 2013 speaks about disciplinary policy, which mandates the issuance of show cause notice along with relevant papers. Clause No.13 (3) speaks about the time to submit an explanation and thereafter conduct an enquiry, by giving an opportunity, for hearing. 7. In the case at hand, as seen from Ex.P1, the petitioner was placed under suspension on 14.08.2024 and thereafter, the petitioner submitted an explanation on 02.09.2024. No enquiry was conducted by giving an opportunity of hearing to the petitioner. 8. Thus, the order, impugned was passed by the 3rd respondent without following the procedure mandated under Clause No.13 of the Field Assistants Human Resource Policy, 2013. Hence, the impugned order vide Rc.No.11/2022/D.V.C/E2, dated 29.10.2024 is set aside and the matter is remitted back to the 3rd respondent. The 3rd respondent shall issue notice to the petitioner indicating the date of enquiry and afford an opportunity of hearing and pass a reasoned order strictly as per Rules, within four weeks from the date of receipt of a copy of this order. 9. With the above directions, the Writ Petition is disposed of at the admission stage with the consent of both the counsel. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI PVD