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2025 DAILYLAW 4680 (AP)

J SEENAIAH v. THE STATE OF ANDHRA PRADESH

WP/2443/2025 · 2025-02-03

Subba Reddy Satti

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2443 OF 2025 Between: J Seenaiah, S/o. Pedda Ramanayya, aged about 52 years, R/o. Shanthi Nagar Village, Podalakur Mandal, S.P.S.R. Nellore District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Tullur Mandal, Guntur District, Andhra Pradesh. 2. The Commissioner, Department for Panchayat Raj and Rural Development, Tadepalli, Guntur District, Andhra Pradesh. 3. The District Program Coordinator, District Water Management Agency, S.P.S.R. Nellore District at Nellore, Andhra Pradesh. 4. The Project Director, District Water Management Agency, Nellore, S.P.S.R. Nellore District, Andhra Pradesh. ...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 orders more particularly one in the nature of writ of Mandamus declaring the action of the 4th Respondent herein in not concluding the disciplinary proceedings initiated through Show Cause Notice vide Rc.No.DWMA-SA/27/2024-OA(E3-EGS)- DWMANLR, dated 22-08-2024, within thirty (30) days from the date of completion of the Mandal Social Audit Public Hearing, which was conducted O'- on 26-07-2024, as prescribed under Rule 9 (8) of the National Rural Employment Guarantee Scheme - A.P. Social Audit Rules, 2010, as illegal, arbitrary, contrary, and in violation of Articles 14 and 21 of the Constitution of India, and Consequently, direct the 4th Respondent herein to conclude the disciplinary- proceedings initiated through Show Cause Notice, dated 22-08-2024. Counsel for the Petitioner: SRI PARIMI RAMA RAYUDU Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES IV Counsel for the Respondent Nos. 3 to 4: SRI M S R The Court made the following: ORDER CH^DRAMURTHY i APHC010035942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SjSH [3331] MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2443/2025 Between: 1.J SEENAIAH, S/0, PEDDA RAMANAYYA, AGED ABOUT 52 YEARS, R/0. SHANTHI NAGAR VILLAGE, PODALAKUR MANDAL, S.P.S.R.’ NELLORE DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT, SECRETARIAT, VELAGAPUDI, TULLUR MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. PANCHAYAT RAJ AND RURAL DEVELOPMENT 2.THE COMMISSIONER, DEPARTMENT FOR PANCHAYAT RAJ AND TADEPALLI, GUNTUR DISTRICT, RURAL DEVELOPMENT, ANDHRA PRADESH. 3.THE DISTRICT PROGRAM COORDINATOR, DISTRICT WATER S.P.S.R. NELLORE DISTRICT AT MANAGEMENT AGENCY, NELLORE, ANDHRA PRADESH. 4.THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT NEFIORE, S.P.S.R. NELLORE DISTRICT, AGENCY, PRADESH. ANDHRA ...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 pleased to issue a writ, order or orders more particularly one in the -1 2 nature of writ of Mandamus declaring the action of the 4th Respondent herein in not concluding the disciplinary proceedings initiated through Show Cause Notice vide Rc.No.DWMA-SA/27/2024-OA(E3-EGS)- dated 22-08-2024, within thirty (30) days from the date of completion of the Mandal Social Audit Public Hearing, which was conducted on 26-07-2024, as prescribed under Rule 9 (8) of the National Rural Employment Gaurantee Scheme - A.P. Social Audit Rules, 2010, as illegal, arbitrary, contrary, and in violation of Articles 14 and 21 of the Constitution of India, and Consequently, direct the 4th Respondent herein to conclude the disciplinary- proceedings initiated through Show Cause Notice, dated 22-08-2024, and pass Counsel for the Petitioner: 1. PARI Ml RAMA RAYUDU Counsel for the Respondent(S); 1.GP FOR SERVICES IV The Court made the following: DWMANLR, :: ORDER :: Heard Sri K.Kedharnath Chowdary, learned counsel for the petitioner M.S.R.Chandramurthy, learned Standing counsel appearing for and Sri respondents 2 to 4. 2. Petitioner, Technical Assistant was suspended temporarily vide Rc.No.DMWA-SA/27/2024-0A(E3-EGS)-DMWANLR, (Ex.P1). Thereafter, personal hearing was conducted on 26.11.2024. dated 22.08.2024 3. Learned counsel for the petitioner would submit that petitioner submitted explanation on 11.11.2024. However, the copy of the same has not been filed along with the writ petition. He would submit that even after the lapse of two months, the inquiry is not completed so far. 4. Learned Standing counsel appearing for respondents 2 to 4 would submit that the personal hearing was completed on appropriate orders will be passed within two (02) weeks. 26.11.2024 and 3 5. Given the facts and circumstances of the case, without touching the merits of the matter, since the personal hearing was completed on 26.11.2024, in pursuance of suspension proceedings vide Rc.No.DMWA- SA/27/2024-0A(E3-EGS)-DMWANLR, dated 22.08.2024 (Ex.P1), the Writ Petition is disposed of, at the stage of admission with the consent of both the learned counsel, directing the learned 4*^ respondent to pass appropriate orders strictly as per the Rules within two (02) weeks from today. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR SECTC^rOFFICER //TRUE COPY// 1 To, 1. The Principal Secretary, State of Andhra Pradesh, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Tullur Mandal, Guntur District, Andhra Pradesh. 2. The Comrriissioner, Department for Panchayat Raj and Rural Development, Tadepalli, Guntur District, Andhra Pradesh. 3. The District Program Co-Ordinator, District Water Management Agency, S.P.S.R. Nellore District at Nellore, Andhra Pradesh. 4. The Project Director, District Water Management Agency, Nellore, S.P.S.R. Nellore District, Andhra Pradesh. 5. One CC to SRI PARIMI RAMA RAYUDU Advocate [OPUC] 6. One CC to SRI M S R CHANDRA MURTHY, Advocate [OPUC] 7. Two CCs to GP FOR SERVICES IV, High Court of Andhra Pradesh [OUT] - 8. Three CD Copies J HIGH COURT DATED:03/02/2025 ORDER WP.No.2443 of 2025 ANO/y^ 5 13 FEB 2025 o Co- ^ . Current Section , ^ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS