IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10582 OF 2025 - Between: Govada Ravi, S/o. Shankarudu, Age 53 years. Worked as Field Assistant (MGNREGS), R/o. D.No.2-82, Kosuru Village, Movva Mandal, Krishna District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. The Commissioner, Panchayat Raj and Rural Development, Krishna District. The District Collector, Krishna District at Machilipatnam. The Project Director, District Water Management Agency Krishna District at Machilipatnam. The Mandal Parishad Development Officer, Movva Mandal, Krishna District. ^ The Assistant Project Director, Vuyyur Mandal, Krishna District. 1. 2. 3. 4. 5. 6. ...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 the order or orders more particularly writ of Mandamus declaring the action of the Respondent No.4 in issuing the proceedings in R.C.N0.I4/BI/2025, petitioner was terminated from the post of Field Assistant of dated 10-01-2025, through which the services of MGNREGS of Kosum Village, Movva Mandal, Krishna District process of law and violating the principles of natural justice arbitrary and violation of Article 14 and 21 of Constitution without following due ' as illegal, of India and consequently set aside the proceedings in R.C.No.14/B1/2025, dated 10-01-2025 by directing the respondents to reinitiate the petitioner in the post of Field Assistant of Kosuru Village. 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 High Court pleased to suspend the order passed by the Respondent No.4 through proceedings in R.C.No.14/B1/2025, dated 10-01-2025, by directing the respondents to reinitiate the petitioner into the post of Field Assistant Kosuru Village, pending disposal of the above writ petition. ^ may be of Counsel for the Petitioner: SRI MADHAVA RAO NALLURI Counsel for the Respondent No.1: GP FOR SERVICES I Counsel for the Respondent Nos.2 to4 & 6: SRI M.S.R. CHANDRA MURTHY, SC FOR MGNREGS Counsel for the Respondent No.5: SMT. B.V. APARNA LAKSHMI ,SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER APHC010203542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10582/2025 Between: Govada Ravi ...PETITIONER AND The State of Andhra Pradesh and Others Counsel for the Petitioner: ...RESPONDENT(S) 1. MADHAVA RAO NALLURI Counsel for the Respondent(S): 1.GPFOR SERVICES I The Court made the following: ORDER: The present writ petition is filed seeking the following relief: “...to issue order or orders, more particularly, writ of Mandamus declaring the action of the Respondent No.4 in issuing the proceedings in R.C.N.I4/BI/2025, dated 10.01.2025, through which the services of petitioner was terminated from the post of Field Assistant of MGNREGS of Kosuru Village, Movva Mandal, Krishna District, without following due process of law and violating the principles of natural justice, as illegal, arbitrary, and violative of Articles 14 and 21 of Constitution of India and consequently, set aside the proceedings in R.C.No.14/B1/2025, dated 10.01.2025, by directing the respondents to reinitiate the CGR, J. W.RNo,10582of2025 petitioner in the post of Field Assistant of Kosuru Village and to pass....” Heard Sri Madhavarao Nalluri, learned counsel for the petitioner; learned Assistant Government Pleader for Services-I appearing for 1®* respondent; Sri M.S.R. Chandra Murthy, learned Standing Counsel, for respondents 2 to 4 and 6; and Smt.B.V. Aparna Lakshmi, learned Standing Counsel for 5“" respondent. 2. 3. Learned counsel for the petitioner submits that the appellate authority i.e. 3'"* respondent instead of passing the order on the appeal preferred by the petitioner against the order, dated 12.08.2024, passed by the 4‘*^ respondent, the very same primary authority i.e. 4**" respondent has issued impugned order, dated 10.01.2025, apparently by referring to ‘Note orders’ alleged to have been issued by the S'"' respondent, which procedure is unknown to law. 4. When the appeal is supposed to be heard and disposed of by the 3'"'^ respondent, it alone has to dispose of by recording reasons. Further, though this Court on earlier occasion in W.P. No. 19847 of 2024, has specifically directed the appellate authority to dispose of the appeal after affording an opportunity of hearing to proper CGR, J WP No 10582 of 2025 the petitioner, in sheer violation of the same, the impugned order to be passed. Therefore, the same has to be set aside. came Learned Standing Counsel Sri M.S.R. Chandra Murthy, appearing for respondents 2 to 4 and 6, on instructions, submits that the order impugned in the writ petition only communicates the decision of the 3'"' respondent based on the ‘Note orders’ circulated and tried to justify the same. 5. 6. On perusal of the impugned order, it clearly discloses that the has been passed by the 4*^ respondent, though referring to ‘Note orders’ of the 3^^^ respondent. When the appeal is preferred before the 3'^ respondent, it is incumbent upon him to hear the petitioner and pass speaking orders considering the grounds raised in support of the appeal, which is clearly lacking in the present case. Therefore, the aforesaid order passed by the incompetent authority is unsustainable. same 7. Accordingly, the writ petition is allowed by setting aside the impugned order, dated 10.01.2025, passed by the 4**^ respondent and it is further directed that the 3'^ respondent shall dispose of the appeal preferred by the petitioner afresh after affording opportunity CGR, W.RNo 10582 of 2025 of hearing and pass appropriate speaking orders strictly in accordance with law. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. 2. The Commissioner, Panchayat Raj and Rural Development, Krishna District. 3. The District Collector, Krishna District at Machilipatnam. 4. The Project Director, District Water Management Agency Krishna District at Machilipatnam. 5. The Mandal Parishad Development Officer, Movva Mandal, Krishna District. 6. The Assistant Project Director, Vuyyur Mandal, Krishna District. 7. One CC to Sri Madhava Rao Nalluri, Advocate [OPUC] 8. One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS[OPUC] 9. One CC to Smt. B.V. Aparna Lakshmi, SC for ZPP, MPP & Gram Panchayat[OPUC] 10. Two CCs to GP for Services-I, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies. ssb •• « } HIGH COURT DATED:01/05/2025 ORDER WP.No.10582of2025 ALLOWING THE W.P. WITHOUT COSTS