APHC010045812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2637/2025 Between: 1. EDIGA NAGARAJU, S/O S.V.VEERESH, AGED 38 YRS, OCC FILED ASSISTANT (SUSPENSION), R/O. H.NO. 1-18 BC COLONY, SATHANUR VILLAGE, 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 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 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 D. Belagal Grama Panchayat, Kosigi Mandal, Kurnool District, without conducting any enquiry and without giving any opportunity to the Petitioner, which is illegal, arbitrary and also 2 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/1th 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 D. Belagal Grama Panchayat, Kosigi Mandal, Kurnool District and pass IA 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/17thround/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 D. Belagal Grama Panchayat, Kosigi Mandal, Kurnool District, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. SUBRAMANYAM DARABOINA Counsel for the Respondent(S): 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, Sri S.Raju, learned Assistant Government Pleader for Services appearing for respondent No.1 and Sri M.S.R.Chandramurthy, learned Standing counsel appearing for respondent No.2. 2. The petitioner was appointed as a Field Assistant on 25.11.2021 in D. Belagal Grama Panchayat, Kosigi Mandal, Kurnool District under MGNREGS. Since then, he has been discharging his duties. By the proceedings impugned vide Rc.No.D8/DVC/SA/17th round/2024, dated 18.01.2025 (Ex.P1) the 2nd respondent placed the petitioner under suspension (temporarily out of contract). 3 3. Learned counsel, at the hearing would submit that the 2nd respondent has not been following the timelines fixed in Field Assistant Human Resource Policy, 2013 for concluding the inquiry and further urged to direct the respondents to conclude the inquiry. 4. Learned Standing counsel on instructions of the 2nd respondent would submit that the 2nd respondent will issue a show cause notice with all particulars enabling the petitioner to submit an explanation and provide an opportunity for hearing and thereafter pass appropriate orders by adhering to the timelines as per Clause-13 of Field Assistant Human Resource Policy, 2013. 5. 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 the 2nd respondent to adhere to the procedure mandated in Clause-13 of Field Assistant Human Resource Policy, 2013. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 04.02.2025 SNI 4 388 HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.2637 of 2025 Dated: 04.02.2025 SNI