IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) MONDAY. THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE AMARAVATI PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NOS: 30791 & 30614 OF 9ni9 WRIT PETITION NO: 30791 OF 2017 Between: s. Koteswar Rao, S/o Pothu Raju, aged 30 years, Occ : Field Assistant (under termination), R/o Pathapadu village & Kondagokirl Panchayat Koyyuru Mandal, VIsakhapatnam District. ^ ’ ...Petitioner AND 1. The State of A.P., Rep. by its Project Director, Management Agency, Visakhapatnam District, 2. The Mandal Parishad Development Officer Visakhapatnam District. District Water Visakhapatnam. Koyyuru Mandal, ...Respondents ftStion under Article 226 of the Constitution the circumstances stated i of India is filed praying that in in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction may more particularly one in the nature of writ of mandamus to declaring the 27/2011/A, dated 26.6.2012 i proceedings in Notice No. as illegal, Hon'ble Court in W.P No 14121 of 2009 and batch dated 7.7.2010, violative of principles of natural justice and consequently direct the respondents issued by the 1st respondent arbitrary, contrary to law laid down by this to continue the petitioner as Field Assistant, N.R.E.G.Scheme, Koyyuru Mandal, Visakhapatnam District, with all consequential and incidental benefits attached to the post. I-A. NO: 1 OF 2012(WPMP. NO: 39272 OF 9019} Ffetition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings in Notice No.27/2011/A dated 26.06.2012 issued by 1st respondent pending disposal of the writ petition Counsel for the Petitioner: SRI. P VV SATYANARAYANA Counsel for the Respondent No. 1: SRI M S R CHANDRA MURTHY SC FOR MGNREGS Counsel for the Respondent No.2: SRI Y KOTESWARA RAO SC ZPP, MPP AND GP FOR WRIT PETITION NO: 30614 OF 2012 Between: K. Somaiah, S/o Jogi Raju, aged 31 years, Occ: Field Assistant (under termination), R/o Kothapalli village & Anthade Post, Koyyuru Mandal, Visakhapatnam District. ...Petitioner AND 1. The State of A.P., Rep. by its Project Director, District Water Management Agency, Visakhapatnam District, Visakhapatnam. 2. The Mandal Parishad Development Officer, Koyyuru Mandal, Visakhapatnam District. ...Respondents Ffetition under Article 226 of the Constitution of India is filed 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 to declaring the proceedings in Notice No. 27/2011/A, dated 26.6.2012 issued by the 1st respondent as illegal, arbitrary, contrary to law laid down by this Hon'ble Court in W.P.No. 14121 of 2009 and batch dated 7.7.2010, violative of principles of natural justice and consequently direct the respondents to continue the petitioner as Field Assistant, N.R.E.G.Scheme, Koyyuru Mandal, Visakhapatnam District, with all consequential and incidental benefits attached to the post. I.A. NO: 1 OF 2012fWPMP. NO: 39060 OF 2012) Ffetition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings in Notice No. 27/2011/A, dated 26.06.2012, issued by 1st respondent pending disposal of the writ petition Counsel for the Petitioner: SRI. P VV SATYANARAYANA Counsel for the Respondent No. 1: SRI M S R CHANDRA MURTHY SC FOR MGNREGS Counsel for the Respondent No.2: SRI Y KOTESWARA RAO SC FOR ZPP, MPP AND GP The Court made the following common order: APHC010045662012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI I (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30791/2012 [3457] Between: S. Koteswar Rao ...PETITIONER AND ...RESPONDENT(S) The State Of A P Rep By Its Project Director and Others WRIT PETITION N0:30614/2012 Between: ...PETITIONER K. Somaiah, AND The State Of A P Rep By Its Project Director and Others Counsel for the Petitioners: 1. P VV SATYANARAYANA Counsel for the Respondents: 1. Sri M.S.R. Chandra Murthy The Court made the following common order: ...RESPONDENT(S) 1. In both these writ petitions, the petitioners are challenging the respective orders of their termination, dated 26.06.2012. learned counsel for the petitioners submits that the Field Assistants and that the 2. The petitioners are engaged as -2- W.P. No.30614 of 2012 & W.P. No.30791of 2012 respondents allege that the petitioners had committed misappropriation of funds. As such, the respondents proposed disciplinary action against the petitioners, for which a social audit was conducted from 02.11.2010 to 15.11.2010 and a public hearing was conducted on 15.11.2010 by the social audit staff. A show-cause notice dated 16.04.2011 was issued to the petitioner in W.P. No.30791 of 2012, and a show-cause notice dated 25.04.2011 was issued to the petitioner in W.P. No.30614 of 2012. The petitioners denied the charges. However, the respondents held that the petitioners had misappropriated the funds and issued the impugned proceedings dated 26.06.2012. It is submitted that the said proceedings are contrary to the Circular dated 27.01.2010 and also not in consonance with the guidelines passed by this Court in W.P. No.14121 of 2009 and batch. 3. The respondents filed their counter, stating that the petitioners were guilty of misappropriation of funds. An inquiry was conducted and it was determined that the petitioners squarely responsible for the misappropriation. The impugned proceedings dated 26.06.2012 prescribed that an appeal must be filed before the appellate authority within 30 days from the date of receipt of the said order. The petitioners have not filed were 'A -3- W.P. No.30614 of 2012 & W.P. No.30791of2012 the appeal before the competent authority, which would be well- equipped to consider the issue elaborately on its merits. 4. Taking note of the fact that the petitioners have not approached the appellate authority and straight away invoked the jurisdiction of this Court, this Court is not inclined to interfere with the said impugned proceedings that apart, this Court, while dealing with W.P. No.14121 of 2012 and batch relating to the issuance of the show cause notice-cum-termination order was held to be illegal, passed certain guidelines to be followed for conducting enquiry insofar as the Field Assistants are concerned. As such, the judgment in W.P. No.14121 of 2009 and the batch relied upon by the petitioners would not apply to the present facts of the case. 5. Accordingly, these writ petitions are dismissed without costs. 6. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR /4vL //TRUE COPY// SECTION OFFICER To 1. One CC to Sri. P VV Satyanarayana Advocate [OPUC] 2. One CC to Sri. M S R Chandra Murthy SC for MGNREGS [OPUC] Rao SC for ZPP, MPP & GP[OPUC] 3. One CC to Sri. Y Koteswara 4. Three CD Copies HIGH COURT DATED:24/02/2025 ORDER WP.Nos. 30791 & 30614 of 2012 OF I 21 MAY 2125 g tic DISMISSING THE WPS WITHOUT COSTS