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High Court of Andhra Pradesh · body

2025 DAILYLAW 7618 (AP)

P NAGENDRA v. THE PROJECT DIRECTOR

WP/4195/2025 · 2025-02-18

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4195 OF 2025 Between: P.Nagendra, S/o. Sreenivasulu, Aged about 39 years, Occ: Field Assistant, R/o.Alamuru Village, Rudravaram Mandal, Nandyal District. ...PETITIONER AND 1. The Project Director, District Water Management Agency (DWMA) Nandyal, Nandyal District. 2. The Chairmen, District Water Management Agency (DWMA), Nandyal, Nandyal District. 3. The Assistant Project Director, Kovelakuntia, Nandyal District. 4. The State of Andhra Pradesh, Rep by its Principal Secretary, Panchayat Raj Department, Secretariat, Velagapudi, Amaravathi, Guntur District. ...RESPONDE.vlTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No.1 issuing may in the impugned R.C.No.47/2025/HRM(DWMA)/NDL, dated 23-01-2025 proceedings in suspending the Petitioner from service as Field Assistant pending disciplinary action arbitrary, illegal, beyond jurisdiction and violation of Article 14 and 21 of as the Constitution of India and consequently set aside the proceedings impugned R.C.No.47/2025/HRM(DWMA)/NDL, dated 23-01-2025 issued by the 1®* Respondent in the interest of justice. 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 impugned proceedings R.C.No.47/2025/HRM(DWMA)/NDL, dated 23-01-2025 issued by the Respondent pending disposal of the writ petition in the interest of justice. in St 1 Counsel for the Petitioner: SRI P. NAGENDRA REDDY Counsel for the Respondent Nos.1 to 3: SRI M.S.R.CHANDRA MURTHY, SC FOR MGNREGS Counsel for the Respondent No.4: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT The Court made the following: ORDER APHC010077342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY .THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4195/2025 Between: P Nagendra ...PETITIONER AND The Project Director and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.P NAGENDRA REDDY Counsel for the Respondent{S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2. The Court made the following ORDER: Heard Sri Sazid, learned counsel representing Sri K.Raghu Veer, learned counsel for the petitioner, Sri S.Raju, learned Assistant Government Pleader for Services-I for 4^^ respondent and Sri M.S.R.Chandra Murthy, learned standing counsel for the respondents 1 to 3. V 2. The petitioner, Field Assistant (under petition challenging the proceedings vide R.C.No.47/2025/HRM(DWMA)/NDL dated 23.01.2025 (Ex.P.1) placed the petitioner under out of contract) as illegal and arbitrary. suspension), filed the above writ suspension (temporarily 3. A show-cause notice vide R.C.No.47/2025/HRM(DWMA)/NDL 23.01.2025 (Ex.P.2) , dated was issued to the petitioner and on the same day, by issuing Ex.P.1 suspension proceedings, the petitioner was placed under suspension. 4. Learned counsel for the petitioner would submit that petitioner under suspension (temporarily out of contract) and the respondent authorities failed to follow the principles of natural justice. before placing the no notice was issued 5. Learned standing counsel on instructions would submit that audit was conducted and thereafter, the Assistant Project Director submitted a report. Based upon the said report, the show-cause notice (Ex.P.2) was issued and suspension proceedings vide Ex.P.1 a social were issued to the petitioner. Learned standing counsel would submit that the 1^‘ respondent has been strictly following the Field Assistants Human Resource Policy, 2013 (for short FAHRP”). Learned standing counsel would further submit that the inquiry will be completed within 30 days as per Clause 13 of the FAHRP. 6. In reply, learned counsel for the petitioner petitioner will submit an explanation within a week from today. would submit that the 7. Given the facts and circumstances of the disposed of at the admission stage with the , either side giving liberty to the petitioner to submit case, the Writ Petition is consent of learned counsel an explanation within a week from the date of receipt of the copy of this order. Learned 1"‘ respondent on T 3 and conclude the opportunity of hearing to the petitioner the procedure mandated under Clause shall provide an inquiry within 30 days by adhering to a reasoned order. No order as to costs. 13 of the FAHRP, 2013 and, pass miscellaneous petitions, if any shall stand closed. As a sequel, pending Sd/- H. NAGAMMA assistant^ REGI^RAR ^ OFFICER //TRUE COPY// 3 To, Management Agency (DWMA) The Project Director, District Water 1 Nandyal, Nandyal District. , District Water Management Agency (DWMA) Nandyal, 2. The Chairmen Nandyal District. * 3 The Assistant Project Director, Kovelakuntia, Nandyai Distric . 3.TheAss,sta 3,3t Raj Department, State of Andhra , Amaravathi, Guntur District. 4. The Principal Secretary Pradesh, Secretariat, Velagapudi Nagendra Reddy, Advocate [OPUC] SC for MGNREGS [OPUC] Rural Development, High Court of 5. OneCC toSriP. Sri M.S.R. Chandra Murthy 6. OneCCto 7. Two CC’s to GP for Panchayat Raj & Andhra Pradesh[OUTl 8. Three CD Copies. ssb HIGH COURT DATED:18/02/2025 ORDER WP.No.4195 of 2025 w 5 1 1 MAR 2C:j . Current Section . ^ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS /