r.jsa5r>:.,.. *y' t IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1589 OF 2025 Between: Pothuraju Naresh Babu, S/o BabuRao, Occ: Field Assistant, MGNREGS,age 36 years, R/o D.No 3-21, Kandulapalem village, Ramachandrapuram Madal, Kakinada District. ...PETITIONER AND 1. The State of AP, Rep. by its Principal Secretary, Panchaythiraj Department, Secretariat buildings, Mandhadam, Tulluru Mandal, Guntur District. 2. The Project Director and District Additional Program Co-coordinator, District Water Management Agency Kakinada District, Kakinada. 3. The Mandal Development officer, Ramachadrapuram Mandal, Kakinada District. 4. The Village Secretary, Kandulapalem Village Grama Panchayithi, Kandulapalem Village, Ramachandrapuram Mandal. Kakinada District, ...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 Orders, direction one in the nature of Writ of Mandumus declaring the high handed action of respondent No 2 in not considering the explanation of petitioner dated 15.06.2022, and continuously kept under suspension for more than two and half years based on temporary suspension Orders vide RC.No.H.R/08/EGS/DWAMA/2022 T. I dated 08.06.2022 is illegal, arbitrary, in violation of clause 13. 5 of Human Resources policy Annexure circular No 666/EGS(P)/2012 dated 08.01.2013 and contrary to Articles 14, 16 and 21 of the Constitution of India and consequently direct the Respondents No 2 to allow the petitioner for his normal duties by suspending the operation of temporary suspension Notice vide RC.No. H.R/08/EGS/DWAMA/2022 dated 08.06.2022. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd Respondent to allow the petitioner to his normal duties by suspending the operation of temporary suspension Notice vide RC.No. H.R/08/EGS/DWAMA/2022 dated 08.06.2022 pending disposal of Main Writ Petition. Counsel for the Petitioner: M/S. YASASWI LAW ASSOCIATES LLP Counsel for the Respondent No.1: GP FOR SERVICES IV Counsel for the Respondent No. 2: SRI M S R CHANDRA MURTHY Counsel for the Respondent Nos. 3 & 4: SRI G SRINIVASA REDDY (SC FORZPPS, MPPS & GP) The Court made the following: ORDER r APHC010027862025 [3331] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^’ i FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1589/2025 Between: 1.POTHURAJU NARESH BABU, S/0 BABURAO, ASSISTANT, MGNREGS, AGE 36 YEARS, KANDULAPALEM VILLAGE KAKINADA DISTRICT. OCC. FIELD R/0 D.NO 3-21, RAMACHANDRAPURAM MADAL, ...PETITIONER AND 1.THE STATE OF AP PANCHAYTHIRAJ MANDHADAM,TULLURU MANDAL, GUNTUR DISTRICT. 2.THE PROJECT DIRECTOR AND DISTRICT ADDITIONAL PROGRAM COCOORDINATOR, DISTRICT WATER MANAGEMENT AGENCY KAKINADA DISTRICT, KAKINADA. 3.THE MANDAL DEVELOPMENT OFFICER, RAMACHADRAPURAM MANDAL, KAKINADA DISTRICT. REP. BY ITS PRINCIPLE SECRETORY DEPARTMENT, SECRETARIAT BUILDINGS, 4.THE VILLAGE SECRETARY, KANDULAPALEM VILLAGE GRAMA VILLAGE, PANCHAYITHI, RAMACHANDRAPURAM MANDAL. KAKINADA DISTRICT KANDULAPALEM ...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 2 ih pleased to issue writ. Order, or Orders, direction one in the nature of Writ of MANDUMUS declaring the high handed action of respondent No 2 in not considering the explanation of petitioner dated 15.06.2022, and continuously kept under suspension for more than two and half years based on temporary RC.NO.H.R/08/EGS/DWAMA/2022 dated violation of clause 13. 5 of Human Orders vide iispension 08.06.2022 is illegal, arbitrary, in Resources policy Annexure circular No 666/EGS(P)/2012 dated 08.01.2013 and contrary to Articles 14, 16 and 21 of the Constitution of India and consequently direct the Respondents No 2 to allow the petitioner for his normal duties by suspending the operation of temporary suspension Notice vide RC.No. H.R/08/EGS/DWAMA/2022 dated 08.06.2022 and to pass such 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 direct the 2nd suspending the H.R/08/EGS/DWAMA/2022 dated 08.06.2022 pending disposal of Main Writ Petition and to pass such i: uosel for the Petitioner: 1 .YASASWI LAW ASSOCIATES LLP Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following ORDER: Heard Sri T.Singaiah Goud, learned counsel for the petitioner, Sri S.Raju, learned Assistant Government Pleader for Services appeared for the respondent, Sri M.S.R.Chandra Murthy, learned standing counsel appeared for the 2'"'^ respondent and Sri G.Srinivasa Reddy, learned standing counsel appeared for the respondents 3 and 4. Respondent to allow the petitioner to his normal duties by operation of temporary suspension Notice vide RC.No. St 1 2 The petitioner was appointed as Field Assistant at Kandulapalem Gram MGNREG scheme. By proceedings wde the 2 under Panchayat Rc.No.H.R/08/EGS/DWMA/2022, dated 08.06.2022 (Ex.P.1) nd 3 • € respondent placed the petitioner under suspension (temporary out of contract). The petitioner submitted explanation dated 15.06.2022 (Ex.P.2). Despite the explanation, the 2'"'^ respondent failed to conclude the inquiry mandated under the Field Assistants Human Resource Police, 2013 (for short “FAHRP,2013”). as 3. Clause 13 of FAHRP, 2013 deals with Disciplinary policy. Clause 13(5) of FAHRP reads that the entire process of finalization of disciplinary proceedings shall be completed within 30 days. 4. Learned standing counsel fairly submitted that the inquiry is not completed. In the case at hand, the suspension-cum-show-cause notice dated 08.06.2022 was issued to the petitioner and the petitioner submitted explanation on 15.06.2022. However, even after lapse of two years, the inquiry has not been completed. The guidelines, regarding disciplinary policy bind the respondent authority. 5. 6. At this juncture, it is brought to the Court’s notice that after bifurcation of the Districts, the Project Director, Dr.B.R.Ambedkar Konaseema District is the competent authority to pass appropriate orders. Given the facts and circumstances of the case, though the Project Director, Kakinada District passed the impugned suspension proceedings, in view of the bifurcation of the Districts and since Ramachandrapuram Mandal comes under Dr.B.R.Ambedkar Konaseema District, there shall be a direction to the Project Director, Dr.B.R.Ambedkar Konaseema District to complete the inquiry in pursuance of Exs.P.1 and P.2 within thirty (30) days from today by giving an opportunity of hearing to the petitioner as per rules FAHRP, 2013, and pass appropriate orders. 7. 4 Learned standing counsel shall also inform the authorities i.e. the Project Director, Dr.B.R.Ambedkar Konaseema District regarding this order. No order as to costs. 8. With the above observations, the Writ Petition is disposed of. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Panchaythiraj Department buildings, Mandhadam,Tulluru Mandal, Guntur District. 2. The Project Director and District Additional Program Co-coordinator District Water Management Agency Kakinada District, Kakinada. Mandal Development officer, Ramachadrapuram Mandal, Kakinada District. 4. The Village Secretary, Kandulapalem Village Grama Panchayithi Kandulapalem Village, Ramachandrapuram Mandal, Kakinada District. 5. One CC to M/s.Yasaswi Law Associates LLP Advocate [OPUC] 6. Two CCs to GP for Services IV, High Court of Andhra Pradesh. [OUT] 7. One CC to Sri MSR Chandra Murthy, Advocate [OPUC] [OPUC^ ^ & GP, Advocate 9. Three CD Copies Secretariat TF ▼ I $ HIGH COURT t \ r DATED:24/01/2025 ... *4. . \ ORDER WP.No.1589 of 2025 &=■^^anoh^ fx 01 FEB 2025 | \o ^ ^ Current Section ^ PBSPATCyf^^ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS