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2025 DAILYLAW 7224 (AP)

Sri. Ram Aadi Narayana v. The State of Andhra Pradesh,

WP/3803/2025 · 2025-02-17

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010071532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3803/2025 Between: 1. SRI. RAM AADI NARAYANA, S/O LATE SURAIAH, AGED 40 YEARS, OCC.FIELD ASSISTANT (MGNREGS)AT DEVARAMPADU GRAMA PANCHAYATH, R/D.NO.1-37, DEVARAMPADU VILLAGE AND POST, RAJUPALEM MANDAL, PALNADU DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTORCUMDISTRICT PROGRAM COORDINATOR MGNREGS, , AT NARASARAOPET, PALNADU DISTRICT, ANDHRA PRADESH. 3. THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY (DWMA), AT NARASARAOPET, PALNADU DISTRICT, ANDHRA PRADESH. 4. THE MANDAL PARISHAD DEVELOPMENT OFFICERCUMPROGRAMME OFFICER OF MNRGS, RAJUPALEM MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. 5. THE ASSISTANT PROGRAMME OFFICER OF MGNREGS, MPDO OFFICE RAJUPALEM MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. Page 2 of 5 SRS,J W.P.No.3803 of 2025 6. THE DEVARAMPADU GRAMA PANCHAYATH, REP. BY ITS PANCHAYAT SECRETARY, RAJUPALEM MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. ...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 or order or direction more particularly one in the nature of writ of mandamus to declare the action of the respondents, more particularly, the 3rd respondent/PD issued show cause notice vide its RC.No.9/DISCIPLINARY F/S.M./H-R dated 17.01.2025 without applying his mind and issuance of such show cause notice is illegal, arbitrary and against the 17th Social Audit Inspection, conducted by the then Grama Panchayath/the 7th Respondent and there being any remarks from any corner as illegal, arbitrary and principles of natural justice and also oppose to Article 14, 19 and Art.21 of the constitution of India and consequently set- aside the show cause notice dated 17.01.2025 and to 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 may be pleased to direct the Respondents Nos.3 to 6 herein to allow the petitioner to discharge of his duties as Field Assistant at Devarampadu Grama Panchayath, Rajupalem Mandal, Palnadu District pending disposal of the above writ petition and to pass IA NO: 2 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 to pay salaries for the months of October, November, December and January 2025 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. RAJA SEKHAR SYKAM SRS,J W.P.No.3803 of 2025 Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following: :: ORDER :: Impugning the show-cause notice issued by respondent No.3 vide R.C.No.9/Disciplinary.F/S.M/H-R, dated 17.01.2025 (Ex.P1), the above writ petition is filed. 2. Heard Sri S. Rajasekhar, 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 respondents 2, 3 & 5 and Sri G. Srinivasula Reddy, learned Standing counsel appeared for respondents 4 & 5. 3. Learned counsel for the petitioner would submit that to a show-cause notice issued by respondent No.3 and, the petitioner submitted an explanation dated 23.01.2025 (Ex.P2). However, the respondents 3 to 6 are not allowing the petitioner to discharge duties. 4. Sri M.S.R. Chandra Murthy, learned Standing Counsel, on the other hand, would submit that in pursuance of Ex.P1 show-cause notice, the petitioner submitted an explanation vide Ex.P2. Thereafter, the petitioner attended the inquiry on 23.01.2025 before respondent No.3. Respondent No.3, who, in turn, referred the matter to the Assistant Project Officer, Sattenapalli, to conduct an inquiry. Based on the inquiry report, further action will be initiated. He would also submit that respondents 3 to 5 are not interfering with the petitioner’s discharging duties and the petitioner will be allowed to continue as Field Assistant, subject to the final orders. Page 4 of 5 SRS,J W.P.No.3803 of 2025 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 respondents 3 to 5 not to interfere with the petitioner’s discharging duties as Field Assistant, without following due process of law. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 17.02.2025 TVN SRS,J W.P.No.3803 of 2025 200 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.3803 OF 2025 Date : 17.02.2025 TVN