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2025 DAILYLAW 8642 (AP)

KAREDLA VISALAKSHI v. THE STATE OF ANDHRA PRADESH

WP/4993/2025 · 2025-02-25

Subba Reddy Satti

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY. THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTJ WRIT PETITION NO: 4993 OF 2025 Between: Smt. Karedia Visalakshi, W/o. Ramakrishna, aged about 35 Assistant MGNREGS, Neeligunta Gram Panchayat and Village. Kotaurutia Mandal. Anakapalle District. years, Filed ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Guntur District. 2. The Commissioner, Panchayat Raj Department, MGNREGS, Secretariat, Velagapudi, Guntur District. 3. The District Collector, Anakapalli District. MGNREGS, Anakapalli. 4. The Project Officer. ITDA and Additional District Programme Coordinator, MGNREGS and Water Users Association, Anakapalli District, Anakapalli. 5. The Additional Programme Officer, Kotavuratia Mandal, Anakapalli District 6. The Mandal Parishad Development Officer, Kotaurtala Mandal, Anakapalli District. 7. The Neeligunta Gram Panchayat, rep. by its Panchayat Secretary, Neeligunta Village. Anakapalli District. ...RESPONDENTS 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, order or direction more particularly one in the i'- Iffalure Writ of Mandamus declaring the action of the 4^^ respondent in issuing the temporary suspension order vide Rc.No. ^ T4^/2624/Human Resources Department dated 12.02.2025 as Filed Assijvtant of Neeligunta Village, Kotaurutia Mandal, Anakapalle District without duly considering the explanation as submitted by the petitioner as illegal, arbitrary, unconstitutional and also contrary to the principles of natural justice and consequently set aside the said proceedings of the 4th respondent vide Rc.No.113/2024/Human Resources Department dated 12.02.2025 and also further reliefs of suspension. '' 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 order issued by the 4*^ respondent herein of temporary suspension order vide Rc.No.113/2024/Human Resources Department dated 12.02.2025 as Filed Assistant of Neeligunta Village, Kotaurutia Mandal, Anakapalle District pending disposal of the above writ petition. Counsel for the Petitioner: SRI V. SURENDRA REDDY Counsel for the Respondent Nos.1: GP FOR SERVICES IV Counsel for the Respondent Nos.2 to 5: SRI M.S.R.CHANDRA MURTHY, SC FOR MGNREGS Counsel for the Respondent Nos.6 & 7: SRI SRINIVASULA REDDY, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER f APHC010093182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) B!¥iS [3331] TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4993/2025 Between: 1. KAREDLA VISALAKSHI, WIFE OF RAMAKRISHNA, AGED ABOUT 35 YEARS, FILED ASSISTANT MGNREGS PANCHAYAT AND VILLAGE, KOTAURUTLA MANDAL, ANAKAPALLE DISTRICT. NEELIGUNTA GRAM ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEPARTMENT, SECRETARIAT,DEVELOPMENT VELAGAPUDI, GUNTUR DISTRICT. 2.THE COMMISSIONER, , PANCHAYAT RAJ DEPARTMENT, MGNREGS, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR. ANAKAPALLI DISTRICT, MGNREGS ANAKAPALLI. 4.THE PROJECT OFFICER, ITDA AND ADDITIONAL PROGRAMME COORDINATOR, MGNREGS AND WATER USERS ASSOCIATION, ANAKAPALLI DISTRICT. ANAKAPALLI. DISTRICT 5.THE ADDITIONAL PROGRAMME OFFICER, KOTAVURATLA MANDAL, ANAKAPALLI DISTRICT 6.THE MANDAL PARISHAD DEVELOPMENT OFFICER, KOTAURTALA MANDAL, ANAKAPALLI DISTRICT. 7.THE NEELIGUNTA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT ¥ SRS,J W.P.No.4993 of 2025 SECRETARY. NEELIGUNTA VILLAGE, ANAKAPALLI DISTRICT. ...RESPONDENT(S); Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith pleased to issue, a Writ, order or direction of Writ of Mandamus declaring the issuing the temporary suspension Resources Department dated praying that in the the High Court may be 3n more particularly one in the nature action of the 4th respondent herein in order vide Rc.No. 113/2024/Human 113/2024/Human Resources Department dated lTo2°2026 Ti reliefs of suspension and pass 12 02.2025 and also further LA NO: 1 OF 202fi DeTartml, d'aTed"T2°02 2oTJ afFI 7T' ” "^'“^Xman"'Resrces Counsel for the Petitioner: 1.V SURENDRA REDDY Counsel for the Respondent(S): 1.GP FOR SERVICES IV of writ The Court made the following; :: order ■■ The petitioner, Panchayat (under Field Assistant, suspension), filed the above MGNREGS, Neeligunta writ petition, assailing the Gram 0^^ SRS,J W.P.No.4993 of 2025 proceedings vide R.C.No. 113/2024/Human Resource Department, dated 12.02.2025 (Ex.P1). Heard Sri V. Surendra Reddy, learned counsel for the petitioner and Sri M.S.R. Chandra Murthy, learned Standing Counsel appeared for respondents 2 to 5 and Sri Srinivasula Reddy, learned Standing Counsel appeared for respondents 6 & 7. 2. Learned counsel for the petitioner would submit that before suspending the petitioner, by the proceedings impugned, no opportunity of hearing was provided to the petitioner. He would also submit that the petitioner made a representation to respondent No.3 dated 17.02.2025 (Ex.P6). However, the same was not considered. 3. Sri M.S.R. Chandra Murthy, learned Standing Counsel, on instructions would submit that the representation made by the petitioner to the Collector was redirected to respondent No.4 - Project Director. The Project Director will issue a notice to the petitioner by fixing a date for a personal hearing. The petitioner is at liberty to make a fresh representation, at the time of the personal hearing and after hearing the petitioner, respondent No.4 will pass appropriate orders by following Clause 13 of Field Assistant Human Resource Policy, 2013 (hereinafter referred to as ‘the Policy’). 4. Thus, as seen from Ex.P1, the petitioner’s contract was suspended temporarily. The petitioner made a representation vide Ex.P6 to the Collector and the same was redirected to respondent No.4. 5. 6. Given the facts and circumstances of the case, the Writ Petition is disposed of, at the stage of admission with the consent of both the learned counsel, directing the learned respondent No.4 to issue notice to the petitioner fixing a date of personal hearing. The petitioner is at liberty to make a representation, by annexing all the relevant documents, at the time of personal hearing. Thereafter, respondent No.4 shall pass a reasoned order. T SRS,J W.P.No.4993 of 2025 \ considering the objections submitted by the petitioner, strictly in terms of Clause 13 of the Policy. The entire exercise shall be completed within 30 days. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- V SAVITHRI GOWRI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Commissioner, Panchayat Raj Department, MGNREGS, Secretariat, Velagapudi, Guntur District. 3. The District Collector, Anakapalli District. MGNREGS, Anakapalli. 4. The Project Officer. ITDA and Additional District Programme Coordinator, MGNREGS and Water Users Association, Anakapalli District, Anakapalli. < 5. The Additional Programme Officer, Kotavuratia Mandal, Anakapalli District 6. The Mandal Parishad Development Officer. Kotaurtala Mandal, Anakapalli District. 7. The Panchayat Secretary, Neeligunta Gram Panchayat, Neeligunta Village, Anakapalli District. 8. One CC to Sri V. Surendra Reddy, Advocate [OPUC] 9. One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS[OPUC] 10. One CC to Sri Srinivasula Reddy, SC for ZPP, MPP & Gram Panchayat[OPUC] 11. Two CCs to GP for Services IV, High Court of Andhra Pradesh. [OUT] 12. Three CD Copies. To, ssb HIGH COURT > DATED:25/02/2025 ORDER WP.No.4993 of 2025 o * 15 MAR 2025 , Current Section .^ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS