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High Court of Andhra Pradesh · body

2025 DAILYLAW 47484 (AP)

T ANIL KUMAR v. THE STATE OF ANDHRA PRADESH

WP/12157/2025 · 2025-05-05

Challa Gunaranjan

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE "" PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12157 OF 2025 Between: T Anil Kumar, S/o Gopala Krishna Age 36 years, Occ Field Assistant (Removed) R/o KPT Palem Village Machilipatnam Mandal, Krishna Dist. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Guntur Dist. 2. The District Collector-cum-Chairman, District Water Management Agency, Krishna Dist., at Machilipatnam. 3. The Project Director, District Water Management Agency Machilipatnam Town, Krishna Dist. 4. The Programme Officer/ Mandal Parashid Development Officer, MGNREGS, Machilipatnam Mandal, Krishna Dist. ...Respondents y Petition under Articie 226 of the Constitution % the circumstances stated i be pleased to issue of India praying that in in the affidavit filed therewith, the High Court may a writ or direction preferably writ of mandamus declaring the proceedings issued by the 3rd in R'.C.No.80/A2/2018 dt 20-07-2024, wherein respondent vide proceedings j permanently removing the working at KPT Palem Gram Dist., without following the (Filed Assistant Human petitioner from the post of Field Assistant Panchayat, Machilipatnam Mandal of Krishna procedure as contemplated under FAHRP Resources Police) issued vide 08.01.2013 as highly illegal, arbitrary and violation justice and consequently set aside the order dt 20-7-2024 by declaring that the petitioner is entitled for circular N0.666/EGS (P)/2012 dated of principles of natural reinstatement as Filed Assistant with all consequential benefits. lA NO: 1 OF 7C)9ii Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pieased to Suspended the proceedings issued by 3"* respondent vide dt;20-07-2024, the R.C.N0.80/A2/2018 praying that in the circumstances with a further direction to the respondents to reinstate the petitioner into service as Filed Assistant, pending disposal of the writ petition. Counsel for the Petitioner: SRI M.M.M. SRINIVASA RAO Counsel for the Respondent No.1: GP FOR SERVICES I Counsel for the Respondent Nos.2 & 3: SC FOR DWMA SRI M.S.R.CHANDRA MURTHY, Counsel for the Respondent No.4: SRI G. SRINIVASULU MPDO REDDY, SC FOR The Court made the following: ■9 <V- THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.12157 of 2025 ORDER: This writ petition is filed under Article 226 of Constitution of India seeking following relief: “to declare the proceedings issued by the 3'^'^ respondent vide proceedings in R.C.No.80/A2/2018, dated 20.07.2024, wherein permanently removing the petitioner from the post of Field Assistant working at KPT Palem Gram Panchayat, Machilipatnam Mandal of Krishna District, without following the procedure as contemplated under FAHRP (Field Assistants Human Resource Policy) issued vide Circular No.666/EGS(P)/2012, dated 08.01.2013 as highly illegal, arbitrary and violation of principles of natural justice and consequently set aside the order dated 20.07.2024 by declaring that the petitioner is entitled for reinstatement as Field Assistant with all consequential benefits and pass such other orders.” Heard Sri M.M.M.Srinivasa Rao, learned counsel for 2. petitioner, learned Government Pleader for Services - I, appearing for 1®^ respondent, Sri M.S.R.Chandra Murthy, learned standing counsel, appearing for respondents 2 and 3 and Sri G.Srinivasulu Reddy, learned standing counsel, appearing for 4'^ respondent. / 2 CGR, J W.P, No. 12157 of 2025 3. Petitioner who i certain allegations was issued show- removal order dated 18.07.2024 submit explanation within 48 hours, proceedings dated 20.07.2024 service. IS appointed as Field Assistant, based on cause notice-cum-temporary by calling upon petitioner to Immediately, by impugned petitioner has been removed from \ 4. Learned counsel for petitioner adopted by respondents submits that the procedure issuing show-cause notice passing impugned order is cleariy in contravention Assistants Human Resource Poiicy and in and to Field even otherwise, the same natural justice as in violation of principles of opportunity was given to the petitioner to IS no proper rebut his allegations. 5. Sri M.S.R.Chandra Murthy, learned standing appearing for respondents, would fairly submit that counsel, the procedure Human Resource Policy and he seeks liberty to proceed with contemplated under the Field Assistants has not been adhered to. the enquiry in accordance with provisions of the policy. 6. In view of aforesaid submissions without providing proper Field Assistants Human Resource as the 3^"^ respondent has opportunity and in clear violation of the Policy, undertaken the exercise A 3 CGR, J W.P. No.12157 of 2025 of enquiry, the impugned order of removal dated 20.07.2024 is liable to be set aside. Accordingly, this writ petition is allowed by setting aside the proceedings in R.C.No.80/A2/2018, dated 20.07.2024, issued by 3'^'^ respondent and matter is .remitted back for de novo consideration after providing opportunity to petitioner to submit explanation and thereafter, the 3'^'^ respondent shall pass speaking orders within a period of three weeks from the date of receipt of copy of this order. No costs. 7. interlocutory applications pending As a sequel. consideration, if any, shall stand closed. so;- K J RAJA BABU assistant SECTION OFFICER 1. The Principal Secfetary, State of Andhra Pradesh, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Guntur Dist. 2. The District Collector-cum-Chairman, District Water Management Agency, Krishna Dist., at Machilipatnam. 3. The Project Director, District Water Management Agency Machilipatnam Town, Krishna Dist. 4. The Programme Officer/ Mandal Parashid Development Officer, MGNREGS, Machilipatnam Mandal, Krishna Dist. 5. One CC to Sri M.M.M. Srinivasa Rao, Advocate [OPUC] 6. Two CCs to GP for SERVICES I, High Court Of Andhra Pradesh. [OUT] 7. One CC to Sri M.S.R. Chandra Murthy, Standing Counsel for DWMA [OPUC] 8. One CC to Sri G. Srinivasulu Reddy, Standing Counsel for MPDO [OPUC] 9. Three CD Conies //TRUE COPY// To, HIGH COURT DATED:06/05/2025 ORDER WP.No.12157 of 2025 * 5 1! SEf 2025 m 99 ALLOWING THE W P WITHOUT COSTS '