vs M IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2882 OF 2025 Between: Gavigattu Thayappa, S/o G.Buddayya, Aged 34 Yrs, Occ Filed Assistant (Suspension), R/o.H.No. 1-11, BC Colony, Chirthanakal Village, Chirthanakal Post, Kosigi Mandal, Kurnool District- 518313. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravathi, Kurnool District. 2. Project Director-Cum-Additional District, Programme Coordinator of MGNREGS, District Water Management Agency, Kurnool District. ...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 a writ, order or direction more particularly on in the nature of WRIT OF MANDAMUS declaring the action of the 2nd Respondent in passing the Suspension Order, Vide Proceedings No. Rc.No.D8/DVC/SA/17th Round/2024, Dt. 18/01/2025, by suspending the Petitioner, who worked as Field Assistant in Chirtanakal Grama Panchayat, Kosigi Mandal, Kurnool District, without conducting any enquiry and without giving any opportunity to the Petitioner, which is illegal, arbitrary and also against the Principal of Natural Justice and also violation of Article 14 and 21 of the Constitution of India and consequently set aside the No. Rc.No.D8/DVC/SA/17th Round/2024, Dt 18/01/2025 and direct the 2nd Respondent to reinstate the Petitioner into his service for the post of Field Assistant at Chirtanakal Grama Panchayat, Kosigi Mandal, Kurnool District. 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 suspend the operation of proceedings in D8/DVC/SA/17th round/2024, Dt: 18/01/2025 issued by the 2nd Respondent and also direct the 2nd Respondent to reinstate the Petitioner into his service in the post of Field Assistance at Chirtanakal Grama Panchayat, Kosigi Mandal, Kurnool District, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI SUBRAMANYAM YADAV DARABOINA Counsel for the Respondents: GP FOR SERVICES IV The Court made the following: ORDER Rc.No. APHC010045692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY. THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2882/2025 Between: 1.GAVIGATTU THAYAPPA,, S/0 G.BUDDAYYA, AGED 34 YRS, OCC FILED ASSISTANT (SUSPENSION), R/O.H.NO. 1-11, BC COLONY, CHIRTHANAKAL VILLAGE, CHIRTHANAKAL POST, MANDAL, KURNOOL DISTRICT- 518313. KOSIGI ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, AMARAVATHI, KURNOOL DISTRICT. SECRETARIAT, VELAGAPUDI, 2. PROJECT DIRECTORCUMADDITIONAL DISTRICT, PROGRAMME COORDINATOR OF MGNREGS, DISTRICT WATER MANAGEMENT AGENCY, KURNOOL DISTRICT. ...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 pleased to issue a writ, order or direction more particularly on in the nature of WRIT OF MANDAMUS declaring the action of the 2nd Respondent in Suspension Order, Vide Proceedings No. Round/2024, Dt. 18/01/2025, by suspending the Petitioner, who worked as Field Assistant in Chirtanakal Grama Panchayat, Kosigi Mandal, Kurnool District, without conducting any enquiry and without ^^giving any opportunity to the Petitioner, which is illegal, arbitrary and also passing the Rc.No.D8/DVC/SA/17th ■A SRS,J W.P.No.2882of2025 against the Principal of Natural Justice and also violation of Article 14 and 21 of the Constitution of India and consequently set aside Rc.No.DO/DVC/SA/17th Round/2024, Dt 18/01/2025 and direct the 2nd Respondent to reinstate the Petitioner into his service for the post of Field Assistant at Chirtanakal Grama Panchayat, Kosigi Mandal, Kurnool District the No. 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 suspend the operation of proceedings in Rc.No. D8/DVC/SA/17th round/2024, Dt; 18/01/2025 issued by the 2nd Respondent and also direct the 2nd Respondent to reinstate the Petitioner into his service in the post of Field Assistance at Chirtanakal Grama Panchayat, Kosigi Mandal, Kurnool District, pending disposal of the main Writ Petition Counsel for the Petitioner: 1.SUBRAMANYAM DARABOINA Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following: :: ORDER :: Heard Sri Subramanyam Daraboina, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services - I appeared for respondent No.1 and Sri M.S.R.Chandra Murthy, learned Standing Counsel appeared for respondent No.2. The petitioner was appointed as a Field Assistant on 03.06.2014 in Chirtanakal Grama Panchayat, Kosigi Mandal, Kurnool District, under MGNREGS. Since then, the petitioner has been discharging duties without any remarks. By the proceedings impugned vide Rc.No.D8/DVC/SA/17 round/2024, dated 18.01.2025 (Ex.P1), respondent No.2, placed the petitioner under suspension (temporarily out of contract). 2. th ^ SRS,J W.P.No.2882 of 2025 At the hearing, learned counsel for the petitioner would submit that respondent No.2 has failed to adhere to the timelines fixed in Field Assistant Human Resource Policy, 2013 (hereinafter referred to as ‘the Policy’) in concluding the inquiry and further urged to direct the respondent authorities to conclude the inquiry. 3. Learned Standing Counsel, on instructions of respondent No.2 would submit that respondent No.2 will issue a show-cause notice by annexing all the relevant documents, enabling the petitioner to submit an explanation. Thereafter, respondent No.2 will provide an opportunity of hearing to the petitioner and pass appropriate orders as per Clause-13 of the Policy. 4. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, at the stage of admission with the consent of both the learned counsel, directing respondent No.2 to adhere to the procedure mandated in Clause-13 of the Policy. No order as to costs. 5. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// N OFFICER To, 1. The Principal Secretary to Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravathi, Kurnool District. 2. The Project Director-Cum-Additional District, Programme Coordinator of MGNREGS, District Water Management Agency, Kurnool District. 3. One CC to SRI SUBRAMANYAM DARABOINA Advocate [OPUC] 4. Two CCs to GP FOR SERVICES IV, High Court of Andhra Pradesh [OUT] 5. Three CD Copies vna 'H- HIGH COURT DATED:06/02/2025 ORDER WP.No.2882 of 2025 OF andTJJ^^ * 0 ^ MAR 2025 ] ^ . Current Section . - -iv DISPOSING OF THE WRIT PETITION WITHOUT COSTS