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2025 DAILYLAW 57360 (AP)

DARAPANENI HARI KRISHNA v. THE STATE OF ANDHRA PRADESH

WP/27831/2025 · 2025-10-09

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010538602025 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: 27831/2025 Between: Darapaneni Hari Krishna ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SODUM ANVESHA Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.27831 of 2025 O R DE R: The present Writ Petition is filed questioning the Order in R.C.No.58/OMBUDS/MGNREGS/2025, dated 20.09.2025 issued by the Respondent No.4 in removing the Petitioner from service without issuing any notice to the Petitioner as illegal and arbitrary. 2. The Petitioner was working as Field Assistant at Narrawada Grama Panchayat, Dattaluru Mandal, SPSR Nellore District. While so, the Respondent No.4 passed the impugned Order terminating the service of the Petitioner without issuing any notice on the basis of the Award passed by the Ombudsman under MGNREGS-DWMA, SPSR Nellore District, vide R.C.No.58/OMBUDS/MGNREGS/2025, dated 20.09.2025. Hence, the present Writ Petition. 3. Learned counsel for the Petitioner submits that that the Petitioner had filed appeal questioning the Award passed by the Ombudsperson and the said Appeal is pending before the Respondent No.2. He further submits that while the appeal is 3 pending, the Respondent No. 4 straight away passed the impugned order terminating the service of the Petitioner and directed steps for recovery of Rs. 250,624/- from the Petitioner. 4. Sri M.S.R. Murthy, learned Standing Counsel, appearing for the Respondents, does not dispute the fact that the impugned Order was passed without issuing any prior notice to the Petitioner. He further submits that notice will be issued to the Petitioner under the Field Assistants Human Resource Policy (FAHRP) and appropriate orders would be passed. 5. In view of the submissions made, the Impugned Order, having been passed without compliance of principles of natural justice, is liable to be set aside. 6. Accordingly, the Writ Petition is Allowed with following directions: i) The impugned Order dated 20.09.2025 issued by the Respondent No.4 is set aside. ii) The Respondents are at liberty to issue Notice to the Petitioner under Field Assistants Human Resource Policy and pass appropriate orders thereon. 4 iii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 10.10.2025 eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27831/2025 Dt. 10.10.2025 eha