APHC010603132024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31453/2024 Between: 1. N SHARATH KUMAR NAIK, S/O KRISHNA NAIK, AGED ABOUT 23 YEARS, OCC FIELD ASSISTANT (UNDER SUSPENSION) R/O GUDEMBHAITHANDA VILLAGE, ORVAKAL MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER, RURAL DEVELOPMENT/STATE PROGRAMME COORDINATOR OF MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME (MGNREGS) VIJAYAVYADA, KRISHNA DISTRICT. 3. THE DISTRICT COLLECTOR/DISTRICT PROGRAMME COORDINATOR, KURNOOL, KURNOOL DISTRICT. 4. THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY (DWMA), KURNOOL, KURNOOL DISTRICT. 5. THE MANDAL PARISHAD DEVELOPMENTAL OFFICER/ PROGRAMME OFFICER, ORVAKAL MANDAL, KURNOOL DISTRICT. ...RESPONDENT(S): SRS,J W.P.No.31453 of 2024 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 an appropriate Writ order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing proceedings vide Proceeding. No.76/Memos/HRM/2017 dated 13.12.2024 in suspending the petitioner and placing him temporarily out of contract employment as bad, illegal, arbitrary, and contrary to the principles of natural justice and violative of Articles 14, 16 and 21 of the Constitution of India and consequently set-aside the same by directing the respondents to forthwith reinstate the petitioner into services by granting all monetary and consequential service benefits and pass IA NO: 1 OF 2024 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 impugned proceedings issued by the 4th respondent vide Progs.No.76/Memos/HRM/2017 dated 13.12.2024 pending disposal of the writ petition and pass Counsel for the Petitioner: 1. D V SASIDHAR Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following: :: ORDER :: The above writ petition is filed challenging the proceedings issued by respondent No.4 vide No.76/Memos/HRM/2017, dated 13.12.2024 (Ex.P1), whereby the authority suspended the petitioner, pending inquiry, as illegal and arbitrary. 2. Heard Sri D.V. Sasidhar, learned counsel for the petitioner and Sri R.S. Mandihar Pingali, learned Assistant Government Pleader for Services SRS,J W.P.No.31453 of 2024 – I appeared for respondent No.1 and Sri M.S.R. Chandra Murthy, learned Standing Counsel appeared for respondent Nos.2 to 4 and Smt. B.V. Aparna Lakshmi, learned Standing Counsel appeared for respondent No.5. 3. At the hearing, learned counsel for the petitioner would confine his arguments and urged this Court to direct respondent No.4 to conclude the inquiry in terms of Field Assistant Human Resource Policy, 2013 (hereinafter referred to as ‘the Policy’). 4. Sri M.S.R. Chandra Murthy, learned Standing Counsel, on instructions, would submit that Ex.P1 is only the suspension notice. Respondent No.4 will issue a show-cause notice by annexing all the relevant documents, enabling the petitioner to submit an explanation. Thereafter, respondent No.4 will conduct the inquiry, by giving an opportunity of hearing to the petitioner, and pass appropriate orders. 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 with the consent of both the learned counsel, directing the learned respondent No.4 to adhere to the Policy and pass appropriate orders. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 02.01.2025 TVN SRS,J W.P.No.31453 of 2024 134 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.31453 OF 2024 Date : 02.01.2025 TVN