APHC010576182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 29866/2025 Between: 1. YEDLA BHAVANI, W/O P. APPALANAIDU, AGED- 35 YEARS, OCC- FIELD ASSISTANT (SUSPENSION), R/O. PANUKUVALASA GRAM PANCHAYAT, PAACHIPENTA MANDAL, PARVATHIPURAM MANYAM DISTRICT (ERSTWHILE VIZIANAGARAM DISTRICT). ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY , PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. PROJECT DIRECTORCUMADDITIONAL DISTRICT, PROGRAMME COORDINATOR OF MGNREGS, DISTRICT WATER MANAGEMENT AGENCY, PARVATHIPURAM MANYAM DISTRICT, (ERSTWHILE VIZIANAGARAM DISTRICT). ...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 issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned proceedings in Rc.No.532/2024/HRMS/Manyam, dt. 28.08.2025 issued by the 2nd respondent thereby suspended the petitioner from the post of Field Assistant working in Panukuvalasa Gram Panchayat, Paachipenta Mandal, Parvathipuram Manyam District, is illegal, arbitrary, violative of principles of 2 natural justice, contrary to the provisions of National Rural Employment Guarantee Scheme Act, 2005 and offends Articles 14 and 21 of Constitution of India and consequently set aside the proceedings dt. 28.08.2025 and direct the 2nd respondent to reinstate the petitioner into service for the said post and pass IA 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 proceedings in Rc.No.532/2024/HRMS/Manyam, dt. 28.08.2025 issued by the 2nd respondent and consequently direct the 2nd respondent to reinstate the petitioner into service in the post of Field Assistant working in Panukuvalasa Gram Panchayat, Paachipenta Mandal, Parvathipuram Manyam District, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. SRINIVAS AMBATI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.29866 of 2025 ORDER: The present Writ Petition is filed to declare the Proceedings dated 28.08.2025 issued by the Respondent No.2 placing the Petitioner temporarily out of employment vide Rc.No.532/2024/HRMS/Manyam, as illegal and arbitrary. 2. The Petitioner is working as Field Assistant. While so, a Notice was issued on 20.09.2024 vide Rc.No. 532/2024/HRMS/Manyam alleging that the Petitioner committed irregularities and the Petitioner called upon to explain his explanation thereto. Thereafter, the Petitioner submitted detailed explanation on 25.09.2024. However, the Respondent No.2, without considering the explanation submitted by the Petitioner, placed the Petitioner out of employment vide impugned Proceedings. 3. Heard the respective counsel. 4. Learned counsel for the Petitioner submits that in terms of Clause 13(B)(5) of the Field Assistants Human Resource Policy, the inquiry ought to be completed within thirty days. Though show-cause notice came to be issued on 20.09.2024, the inquiry has not been completed so far contrary to the aforesaid timelines and on top of it, the Respondents have now placed the Petitioner under suspension, which is arbitrary and illegal. The counsel also relied on an order passed in similar circumstances by a co-ordinate Bench of this Court in W.P.No.16643 of 2025. 4 5. Sri M.S.R.Chandra Murthy, learned Standing Counsel, on the other hand, submits that the inquiry is going on and the same would be concluded within three (03) weeks from now. The further contention is that the guidelines are not statutory and even otherwise, no consequence is stated for non- compliance of the time frame of 30 days and therefore, the same cannot be said to be mandatory. The maintainability of the Writ Petition was also urged as the nature of job of the Petitioner is akin to Labour. 6. In view of the same, the Writ Petition is disposed of in terms of W.P.No.17608 of 2025 with a direction to the 2nd respondent to reinstate the Petitioner into service and conclude the enquiry after providing due opportunity of hearing to the Petitioner within a period of three (3) weeks from the date of receipt of copy of this order. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________________ JUSTICE NYAPATHY VIJAY Date: 03.11.2025 SNI 5 30 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.29866 of 2025 Dated: 03.11.2025 SNI