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2025 DAILYLAW 4695 (AP)

M VENKATESWARLU v. THE STATE OF ANDHRA PRADESH

WP/2355/2025 · 2025-02-03

Subba Reddy Satti

body2025

Judgment text

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,N THE HIGH COURT ^ "rs^vr“.r,sp-'':;' PRESENT ^ JUSTICE SUBBA REDDY SATTI rrTiTioM M^' HON’BLE SRI WRIT Between; „ V— s». « Village, Rapur Mandal, S.P.b.K. incuu , R/o. Ramireddipalli .-X ...PETITIONER AND Principal Secretary, Secretariat, Pradesh, Rep. by its Development Department, District, Andhra Pradesh. ^ jhe State of Apdhra Panchayat Ra^ Velagapudi, Tullur Mandal, Guntur r npr^artment for Panchayat Raj and Rural ’ «“ District Program Co-Ordinator District Water Management Agency District at Nellore, Andhra Pradesh. 3. The S.P.S.R. Nellore Nellore, Water Management Agency 4. The Project Director, District S.P.S.R. Nellore District, Andhra Pradesh. ...RESPONDENTS Article 226 of the Constitution of India is filed praying the affidavit filed therewith, the High orders more particularly one action of the 1st Petition under the circumstances stated in that in Court may be pleased to issue a writ, order or of writ of Mandamus declaring the disciplinary proceedings initiated DWMA-SA/27/2024-OA(E3-EGS)- from the date of in the nature Respondent herein in not concluding the through Show Cause Npticp vide Rc.No. DWMANLR, dated 22-08-2024 within thirty (30) days completion of the Mandal Social Audit Public Hearing, which was conducted \ 26-07-2024 as prescribed under Rule 9 Employment Gaurantee Scheme (8) of the National Rural - A.P. Social Audit Rules, 2010 arbitrary, contrary, and in violation of Articles 14 and 21 of India, and Consequently as illegal of the Constitution .. .. . Respondent herein i 08-2027 ' Show Cause Notice to conclude , dated 2Z- Counsel for the Petitioner: SRI Counsel for the Respondent Nos. Counsel for the Respondent Nos. The Court made the following: PARIMI RAMA RAYUDU 1 & 2: GP FOR SERVICES IV 3 to 4: SRI M S R CHANDRAMURTHY ORDER APHC010035982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) •L! [3331] :7-‘: MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2355/2025 Between: 1.M VENKATESWARLU, S/0. PENCHALAIAH, AGED ABOUT 36 YEARS, R/0. RAMIREDDIPALLI VILLAGE, RAPUR MANDAL, S.P.S.R. NELLORE DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL PANCHAYAT RAJ AND RURAL DEVELOPMENT SECRETARY, 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 S.P.S.R. NELLORE DISTRICT AT MANAGEMENT AGENCY NELLORE, ANDHRA PRADESH. 4.THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY, NELLORE, S.P.S.R. NELLORE DISTRICT, ANDHRA PRADESH. ...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 pl^a-sed to pleased to issue a writ, order or orders more particularly one in the J 2 nature of writ of Mandamus declaring the action of the 1st 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 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: I.PARIMi RAMA RAYUDU Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following: :: ORDER :: Heard Sri K.Kedharnath Chowdary, learned counsel for the petitioner and Sri M.S.R.Chandramurthy, learned Standing counsel appearing for respondents 2 to 4. 2. The petitioner. Technical Assistant was suspended temporarily wc/e Rc.No.DMWA-SA/27/2024-0A(E3-EGS)-DMWANLR, dated 22.08.2024 (Ex.P1). Thereafter, a personal hearing was conducted on 26.11.2024. 3. Learned counsel for the petitioner would submit that the petitioner submitted an explanation on 02.11.2024. However, a copy of the same has not been filed along with the writ petition. He would submit that even after a lapse of two months, the inquiry has not been completed. 4. Learned Standing counsel appearing for respondents 2 to 4 would submit that the personal hearing was completed on 26.11.2024 and appropriate orders will be passed within two (02) weeks. 3 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. 5. 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 Develooment AS'pradesh.'^'^®'^™'’ Guntur D^rict! n*I? ,^°^f^issioner. Department for Panchayat Raj and Rural Development, TadepaHi, Guntur District, Andhra Pradesh. c'p Co-Ordinator, District Water Management Agency S.P.S.R. Nellore District at Nellore. 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 lV, High Court of Andhra 8. Three CD Copies Pradesh. [OUT] TF w V? HIGH COURT DATED:03/02/2025 ORDER WP.No.2355 of 2025 * 13 FEB 2025 r <3.^ . Curreiu oecuon DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS