APHC010538642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27913/2025 Between: 1. BADDIKA KAILAS RAO ALIAS KAILASH, S/O LATE HARINADA RAO, AGED ABOUT 33 YEARS, OCC-TECHNICAL ASSISTANT (MGNREGS), R/O GADDI COLONY, G.L. PURAM VILLAGE AND MANDAL, PARVATHIPURAM MANYAM DISTRICT (ERSTWHILE VIZIANAGARAM DISTRICT). ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT (RDE) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, BESIDES RELIANCE DIGITALS, PATHURU ROAD, TADEPALLI, GUNTUR DISTRICT 3. THE DISTRICT COLLECTORCUMDISTRICT PROGRAMME, COORDINATOR, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME (MGNREGS), A.P., PARVATHIPURAM MANYAM DISTRICT 4. THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY AND THE ADDITIONAL DISTRICT PROGRAMME COORDINATOR MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME (MGNREGS), A.P. , 2 PARVATHIPURAM MANYAM DISTRICT. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICERADDITIONAL, PROGRAMME COORDINATOR, MGNREGS, A.P., BALAJIPET MANDAL, PARVATHIPURAM MANYAM DISTRICT. 6. THE ASST PROJECT DIRECTOR, PARVATHIPURAM CLUSTER, MGNREGS, A.P., GUMMA LAKSHMIPURAM MANDAL, PARVATHIPURAM MANYAM 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, direction, or order, more particularly one in the nature of writ of mandamus, declaring the action of the 4th respondent in issuing proceedings vide RC NO.938/2025/FIRMS, dt.30.08.2025 by suspending the petitioner from the post of Technical Assistant Gummalakshmi Puram Village and Mandal, Parvathipuram Manyam District for CRDAA/CC/01946, without any right, authority, jurisdiction, is illegal, arbitrary, and violation of the provisions of Articles 14, 16, 19 and also against the principles of natural justice 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 direct the respondents herein to continue the petitioner as Technical Assistant, Gummalakshmi Puram Village and Mandal, Parvathipuram Manyam District by suspending the Proceedings RC No.938/2025/HRMS, dt.30.08.2025 passed by the 4th respondent pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. BONU RAMA SHANKAR RAO Counsel for the Respondent(S): 1. GP FOR SERVICES I 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27913/2025 The Court made the following Order: The present writ petition is filed questioning the action of the 4th respondent in issuing proceedings vide RC.No.938/2025/HRMS, dated 30.08.2025 by suspending the petitioner from the post of Technical Assistant, Gummalakshmi Puram Village & Mandal, Parvathipuram Manyam District as arbitrary and illegal. 2. The facts leading to the filing of the case are as follows: The petitioner was initially appointed as Technical Assistant (Officer) of IWMP Batch V of ITDA, Parvathipuram to DWMA, Parvathipuram Manyam District and later allotted to work at MCC, G.L. Puram Mandal. While so, on a complaint by one Thoate Palli Mayuri, FIR No.19 of 2025, dated 24.07.2025 was registered against the petitioner and petitioner was arrested and remanded for judicial custody. The petitioner filed Crlp.No.7900 of 2025, before this Court seeking regular bail. This Court by order dated 18.08.2025 disposed of the criminal petition directing the respondents therein to release the petitioner on regular bail. On information of his arrest, the petitioner was temporarily suspended from employment as the Technical Assistant vide proceedings No.938/2025/HRMS, dated 30.08.2025 without fixing any period and without reference of subsisting allowance. Hence, the present writ petition. 4 3. Learned counsel for the petitioner submits that the Petitioner was released on regular bail as per the order of this Court dated 18.08.2025 holding that major portion of the investigation has been completed and Petitioner is enlarged on bail. Hence, his case for reinstatement be considered. 4. Learned Assistant Government Pleader submits that though Petitioner was released on bail, as investigation in the case is not completed, the case of the Petitioner for reinstatement cannot be considered. 5. Having heard the respective counsel and taking note of the subsequent developments in the case, the Respondents are directed to examine the case of the Petitioner for revocation of suspension and reinstatement into service within a period of three (3) weeks from the date of receipt of a copy of this order. 6. With the above direction, the Writ Petition is disposed of. No order as to costs. As a sequel, pending applications, if any, shall stand closed. ___________________ NYAPATHY VIJAY, J Date: 10.10.2025 MSI/KLP 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27913/2025 Date: 10.10.2025 MSI/KLP