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2025 DAILYLAW 45823 (AP)

NARIPOGU OBAIAH v. THE STATE OF ANDHRA PRADESH

WP/11363/2025 · 2025-05-01

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11363 OF 2025 Between: Naripogu Obaiah, S/o Obaiah, Aged 45 years, Occ: Field Assistant, R/o Kondrajupalli Village and Panchayat, SAKN Mandal, YSR Kadapa District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Guntur District. 2. Project Director, District Water Management Agency, YSR Kadapa District. 3. Mandal Parishad Officer cum Programme Officer, MGNREGS, Mandal Praja Parishad Office, SAKN Mandal, YSR Kadapa 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 a appropriate writ. Order or direction, particularly a WRIT OF MANDAMUS declaring the order of the 2 Proceedings in R.C. No. 184/SAKN/HR/2025 dated 11.04.2025 thereby suspending the petitioner as Field Assistant of Kondaraju Palli Gram Panchayat, SAKN Mandal, YSR Kadapa District solely based on the 3rd respondent enquiry report contrary to HR Policy, 2013 and without providing the said report to the petitioner, to submit his explanation to the same as illegal, irrational, arbitrary and unjust, violative of Articles 14 and 21 of Constitution of India and in grave violation of principles of natural justice and nd respondent nd set aside the same and consequently suspend the proceedings of 2 respondent in R.C. No. 184/SAKN/HR/2025 dated 11.04.2025 thereby suspending the petitioner as Field Assistant of Kondaraju Palli Gram "Panchayat, SAKN Mandal, YSR Kadapa District. - % : 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 Fligh Court may be pleased to suspend the proceedings of 2 nd respondent in R.C. No. 184/SAKN/HR/2025 dated 11.04.2025 thereby suspending the petitioner as Field Assistant of Kondaraju Palli Gram Panchayat, SAKN Mandal, YSR Kadapa District pending disposal of the above writ petition. Counsel for the Petitioner: SRI M. SOLOMON RAJU Counsel for the Respondent No.1: GP FOR SERVICES I Counsel for the Respondent No.2: SRI M.S.R.CHANDRA MURTHY, SC FOR MGNREGS Counsel for the Respondent No.3: SMT.B.V.APARNA LAKSHMI, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER APHC010220722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) * I [3506] Si- A FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11363/2025 Between: ...PETITIONER Naripogu Obaiah AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.M SOLOMON RAJU Counsel for the Respondent(S): 1.GP FOR SERVICES I i 2 HCGRJ W.P. No. 11363 of 2025 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- to issue a appropriate writ, Order or direction, particularly a WRIT OF MANDAMUS declaring the order of the respondent Proceedings in R.C.No.184/SAKN/HR/2025 dated 11.04.2025 thereby suspending the petitioner as Field Assistant of Kondaraju Palli Gram Panchayat, SAKN Mandal, YSR Kadapa District, solely based on the 3^'^ respondent enquriy report contrary to FIR Policy, 2013 and without providing the said report to the petitioner, to submit his explanation to the same as illegal, irrational, arbitrary and unjust, violative of Articles 14 and 21 of Constitution of India and in grave violation of principles of natural justice and set aside the same and consequently suspend the proceedings of 2" respondent in R.C.No.184/SAKN/HR/2025 dated 11.04.2025 thereby suspending the petitioner as Field Assistant of Kondaraju Palli Gram Panchayat, SAKN Mandal, YSR Kadapa District and to pass such other order or orders ...” Heard Sri M.Solomon Raju, learned counsel for the petitioner 2. and learned Assistant Government Pleader for Services-I for respondent No.1, Sri M.S.R.Chandra Murthy, learned Standing Counsel for respondent No.2 and Smt B.V.Aparna Lakshmi, learned Standing Counsel for respondent No.3. Petitioner has been appointed as Field Assistant of Kondaraju 3. Palli Gram Panchayat, SAKN Mandal, YSR Kadapa District. Basing on certain allegations, he has been temporarily removed from service by placing under suspension and has been issued show notice vide proceedings in R.C.No.184/SAKN/H.R/2025 cause dated 11.04.2025, calling upon to submit explanation. 3 HCGR.J IV P.No 11363 of 2025 Learned counsel for the petitioner submits impugned suspension order dated 11.04.2025, referred to the complaint dated 4. 21.01.2025, submitted by Villagers of Kondarajupalli Gram Panchayat and also report dated 07.04.2025 submitted by Assistant Project Director, Badwelu Cluster and Program Officer (MPOO/PO), SAKN Mandal. Basing on which, impugned action has been taken. However, without furnishing said documents, which is mandatory under Rule 13(B)(2) of the Field Assistants Human Resource Policy respondents have issued show cause notice calling upon the petitioner to submit explanation, which is clearly in contravention to the same. Petitioner has submitted explanation dated 19.04.2025 refuting the allegations. 5. Sri M.S.R.Chandra Murthy learned Standing Counsel appearing on behalf of respondent No.2, on instructions, submits that inquiry is going on and that respondents would provide petitioner copies of aforesaid documents, basing on which inquiry is being conducted. 6. In view of aforesaid submissions, the Writ Petition is disposed of, directing respondent No.2 to provide petitioner copies of complaint dated 21.01.2025, submitted by Villagers of Kondarajupalli Gram Panchayat and report dated 07.04.2025, submitted by Assistant Project Director, Badwelu Cluster and Program Officer (MPDO/PO), SAKN Mandal, and after providing an opportunity to 4 HCGR.I W.P No 1136 J of 2025 submit further explanation to petitioner, conclude the inquiry by appropriate speaking order, strictly in accordance with law, within a period of thirty (30) days from the date of receipt of a copy of this order. There shall be no order as to costs. passing As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. The Project Director, District Water Management Agency, YSR k^apa District. The Mandal Parishad Officer cum Programme Officer, MGN^EGS, Mandal Praja Parishad Office, SAKN Mandal, YSR Kadapa District. One CC to Sri M Solomon Raju, Advocate [OPUC] One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS[OPUC] One CC to Smt. B.V. Aparnalakshmi, SC for ZPP, MPP & Gram Panchayat[OPUC] Two CCs to GP for Services-I, High Court of Andhra Pradesh. [OUT] Three CD Copies. 2. 3. 4. 5. 6. 7. 8. ssb HIGH COURT DATED:02/05/2025 ORDER WP.No.11363 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS