i IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI a WRIT PETITION NO: 1383 OF 2025 Between: Boya Narasappa, S/o Bazarappa, Aged about 32 years, R/o D.No.2-66, Banavanur Village, Aspari Mandal, Kurnool District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Building, Velagapudi, Amaravati, Guntur District. The District Collector-cum-District Programme Coordinator, MGNREGS Kurnool, Kurnool District, A.P. The Project Director-cum-Joint Secretary, SRDS, Kurnool, Kurnool District. The Project Manager, MGNREGS At Collectorate Office, Kurnool, Kurnool District. The Program Officer-cum-Mandal Parishad Development Officer, MGNREGS, Mandal Praja Parishad, Aspari Mandal, Aspari, Kurnool District. 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 a Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3RD Respondent in passing order placing the Petitioner under Temporary out of proceedings Contract (Suspension) under employment E Rc.No.D8/DVC/SA/17‘^ Rouncl/ASP/KNL/2023 dt.04-09-2024, served on him on 18-11-2024, as illegal, arbitrary, unjust, without following due process of law and violation of fundamental rights guaranteed under Article 14, 21 of Constitution and consequently set aside the proceedings under Rc.No.D8/DVC/SA/17*^ Round/ASP/KNL/2023 dt.04-09-2024, served on the Petitioner on 18-11-2024 placing him under Temporary out of Contract employment (Suspension) and reinstate him into his services with all consequential benefits irrespective of the above said order. 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 order dt.04.09.2024 passed by the proceedings Round/ASP/KNL/2023, served on the Petitioner on 18-11-2024 during pendency of this Writ Petition. Counsel for the Petitioner: SRI A. SYAM SUNDAR REDDY Counsel for the Respondent No.1;SRI S. RAJU, AGP FOR SERVICES IV Counsel for the Respondent Nos.2 to 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 Rc.No.D8/DVC/SA/17th 3rd under Respondent The Court made the following: ORDER APHC010022662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] II* WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1383/2025 Between: 1.BOYA NARASAPPA, S/0 BAZARAPPA, AGED ABOUT 32 YEARS, ASPARI MANDAL, BANAVAN UR VILLAGE R/0 D.NO.2-66, KURNOOL DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIATBUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTORCUMDISTRICT PROGRAMME COORDINATOR, MGNREGS, KURNOOL, KURNOOL DISTRICT, A.P. 3.THE PROJECT DIRECTORCUMJOINT SECRETARY, SRDS, KURNOOL, KURNOOL DISTRICT. 4.THE PROJECT MANAGER, MGNREGS AT COLLECTORATE OFFICE, KURNOOL, KURNOOL DISTRICT. 5.THE PROGRAM OFFICERCUMMANDAL PARISHAD DEVELOPMENT OFFICER, MGNREGS, MANDAL PRAJA PARISHAD, ASPARI MANDAL, ASPARI, KURNOOL DISTRICT. ...RESPONDENT(S): SRS,J' W.P.No.1383 of 2025 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 direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3RD Respondent in passing order placing the Petitioner under Temporary out of Contract employment (Suspension) under proceedings Rc.No.D8/DVC/SA/17 f Round/ASP/KNL/2023 dt.04-09-2024, served on him on 18-11-2024, as illegal, arbitrary, unjust, without following due process of law and violation of fundamental rights guaranteed under Article 14, 21 of Constitution and consequently set aside the proceedings under Rc.No.D8/DVC/SA/17h Round/ASP/KNL/2023 dt.04-09-2024, served on the Petitioner on 18-11-2024 placing him under Temporary out of Contract employment (Suspension) and reinstate him into his services with all consequential benefits irrespective of the above said order and 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 Counsel for the Petitioner: 1.A SYAM SUNDAR REDDY Counsel for the Respondent(S): 1.GP FOR SERVICES IV 2.B VAPARNA LAKSHMI The Court made the following: :ORDER: Impugning the proceedings issued by respondent No.3 vide Rc.No.D8/DVC/SA/l/^ Round/ASP/KNL/2023 dated 04.09.2024, placing the petitioner under temporarily out of contract (suspension), the above writ petition is filed. Heard Sri A. Syam Sundar Reddy, learned counsel for the petitioner; Sri S. Raju, learned Assistant Government Pleader for Services for respondent Sri M.S.R. Chandra Murthy, learned standing counsel for respondents 2 2. SRSJ W.P.No.1383 of 2025 to 4 and Smt. B.V. Aparna Lakshmi, learned standing counsel for respondent No.5. 3. At the hearing, Sri M.S.R. Chandra Murthy, learned standing counsel submitted that, in pursuance of the suspension order, notice vide Rc.No.35/2024/SAC(D10)(DWMA)KRNL, dated 18.12.2024 was issued to the petitioner calling for his explanation. However, the petitioner failed to submit the explanation. Learned standing counsel further submitted that another notice dated 21.01.2025 was issued to the petitioner intimating the date of personal hearing on 29.01.2025 and also for submission of evidence, if any. Learned counsel for the petitioner, in reply submitted that the show cause notice was not served on the petitioner. 4. A copy of the show cause notice, dated 18.12.2024 is served on the learned counsel for the petitioner across the bar. 5. Since a copy of the show cause notice is served on the learned counsel for the petitioner, without going into the disputed question of fact regarding service of notice on the petitioner, this writ petition is disposed of, at the admission stage with the consent of learned counsel on either side, directing the petitioner to submit an explanation to the show cause notice dated 18.12.2024, within ten days from today. Upon receipt of the petitioner’s explanation, respondent No.3 shall fix another date for inquiry and pass appropriate orders strictly as per the Field Assistants Human Resource Policy, 2013, duly providing an opportunity for hearing to the petitioner. No costs. 6. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR -b //TRUE COPY// sectkTn^fficer To, 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravati, Guntur District. 2. The District Collector-cum-District Programme Coordinator, MGNREGS, Kurnool, Kurnool District, A.P. 3. The Project Director-cum-Joint Secretary, SRDS, kurnool District. 4. The Project Manager, MGNREG^^t Collectorate Office Kurnool District. 5. The Program Officer-cum-Mandal Parishad Development Officer, MGNREGS, Mandal Praja Parishad, Aspari Mandal, Aspari, Kurnool District. 6. One CC to Sri A. Syam Sundar Reddy, 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 forZPP, MPP and Gram Panchayat[OPUC] 9. Two CCs to GP for Services- IV, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies. , Kurnool , Kurnool, ssb HIGH COURT DATED:22/01/2025 § 01 FES 2025 I * Current Secllon % ’V^SAATCHeOj' ORDER WP.No.1383 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS