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2025 DAILYLAW 52146 (AP)

CHITIKELA NARASIMAMURTHY v. THE STATE OF ANDHRA PRADESH

WP/11579/2025 · 2025-04-30

Challa Gunaranjan

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY j TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11579 OF 2025 Between: Chitikela Narasimamurthy, S/o. Late Pothu Raju, aged about 32 years, Eswarapalli Chowduvada, Kasimkota Mandal, Anakapalle District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development, Velagapudi, Amaravati, Guntur District. 2. The District Collector / District Programme Coordinator(DPC), Anakapalle District. 3. The Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), Rep, by its Commissioner Rural Development, Tadepalli, Guntur District, Andhra Pradesh. 4. The Project Director, The District Water Management Agency (DWMA), Anakapalle, Anakapalle District. 5. The Addl. Project Director, The District Water Management Agency (DWMA), Anakapalle, Anakapalle District. 6. The Programm Officer/MPDO, Mandal Praja Parishad MGNREGS, Kosimkota, Kasimkota Mandal, Anakapalle 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 an appropriate Writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the ^ .^ proceedings of the Respondent dated 22.04.2025 is against the I pfTnciple$ of Natural Justice, illegal, arbitrary, violative of Article 14 and 21 Constitution of India, Set aside the same. r 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 may be pleased to direct the Respondent to continue the petitioner as Field Asst, under MGNREGS in E. Chowduvada Village, Kasimkota Mandal, Anakapalle District by suspending the proceedings of the 4*'' Respondent dated 22.04.2025 pending disposal of the above writ petition. Counsel for the Petitioner: SRI S. APPADHARA REDDY Counsel for the Respondent No.1: GP FOR SERVICES I Counsel for the Respondent Nos.2 to 6: SRI M.S.R.CHANDRA MURTHY, SC FOR MGNREGS The Court made the following: ORDER APHC010225862025 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: 11579/2025 Between: Chitikela Narasimamurthy ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.S APPADHARA REDDY Counsel for the Respondent{S): 1.GP FOR SERVICES I 2 HCGR, J W.P.No.11579 of 2025 c«l The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s;- “...to issue an appropriate Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the proceedings of the Respondent dated 22.04.2025 is against the principles of Natural Justice, illegal, arbitrary, violative of Article 14 and 21 of Constitution of India, Set aside the same and to pass such other order or orders...” Petitioner has been appointed 2. as Senior Mate in E.Chowduvada Village, Kasimkota Mandal, and subsequently, promoted as Field Assistant and he was not been permitted to discharge his functions. Petitioner filed W.P.No.9860/2025 before this Court, the same has been disposed of by an order dated 17.04.2025 directing the respondents to continue petitioner in service. However, granted liberty to initiate disciplinary proceedings in case they preferred to do so. Now, the 3"'^ respondent has issued proceedings dated 22.04.2025 temporarily suspending petitioner from service, pending enquiry. 3. Learned counsel for the petitioner submits that respondents are not justified in issuing suspension orders, as the respondents had already made alternative arrangements and thereafter proceeded to issue aforesaid proceedings, which is clearly arbitrary and illegal. the 3 HCGR, J W.P.No.ll579of 2025 4. Sri M.S.R. Chandra Murthy, learned counsel appearing for Respondent Nos.2 to 6 submits that as suspension is effected pending enquiry and that the enquiry in terms of Rule 6(2)(vi) of SRDS Rules 2012 and Clause 13B(5) of Circular No.666/EGS{P)/2012, dated 08.01.2023 (FAHRP), is to be completed within a period of 30 days, all endeavour would be made to complete the same within aforesaid time. % % Perused the record and heard learned counsel for petitioner 5. and learned counsel for the respondents. Petitioner has been placed under suspension pending enquiry. This Court cannot examine the merits of the matter dealing with enquiry. However, suspension is effected, pending enquiry and that there is a specific timeframe fixed for deciding such enquiries, this Court without expressing any opinion on the merits of the matter, disposing of the writ petition by directing the 4'*' respondent to complete the enquiry within a period of 30 days from today by providing an opportunity of hearing to the petitioner. Any temporary arrangements made to discharge duties as Field Assistant of aforesaid village, shall be subject to outcome of the enquiry. 6. Accordingly, the Writ Petition is disposed of. No order as to 7. costs. 4 HCGR, J W.P.No.llS79of202S As a sequel, miscellaneous petitions, pending if any, shall stand closed. SD/- G. HELA NAIDU ASSISTANT! REGISTRAR //TRUE COPY// SEC N OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development, State of Andhra Pradesh,Velagapudi, Amaravati, Guntur District. 2. The District Collector / District Programme Coordinator(DPC), Anakapalle District. 3. The Commissioner Rural Development, Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), , Tadepalli, Guntur District, Andhra Pradesh. 4. The Project Director, The District Water Management Agency (DWMA) Anakapalle, Anakapalle District. 5. The Addl. Project Director, The District Water Management Agency (DWMA), Anakapalle, Anakapalle District. 6. The Programm Officer/MPDO, Mandal Praja Parishad MGNREGS, Kosimkota, Kasimkota Mandal, Anakapalle District. Andhra Pradesh. 7. One CC to Sri S. Appadhara Reddy, Advocate [OPUC] 8. One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS[OPUC] 9. Two CCS to GP for Services-I, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies. ssb HIGH COURT DATED:01/05/2025 ORDER WP.No.11579 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS