IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5329 OF 2025 Between: Pothireddy Madhulatha, W/o.P.Viswanath, Aged about 27 years, Occ: Field Assistant, R/o.D.No.4, Idupulapaya Village, Vempalli Mandal YSR Kadapa District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. The District Collector and District Program Coordinator, Co-ordinator of MGNREGS, YSR Kadapa District. The Commissioner, Panchayat Raj and Rural Development Department, Tadepalli, Guntur District. The Project Director (PD), Cum Additional District Coordinator MGNREGS, District Water Management Agency (DWMA), YSR Kadapa District at Kadapa. The Mandal Parishad Development Officer (MPDO), MGNREGS, Mandal Praja Parishad, Vempalli Mandal, YSR Kadapa District. The Idupulapaya Gram Panchayat, Idupulapaya Village, Vempalli Mandal, YSR Kadapa District, Rep.by its Secretary. 1. 2. 3. 4. 5. 6. ...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 of Mandamus, or other appropriate writ, order or J direction declaring the action of the 3 rd respondent in terminating/suspending the petitioner from his service as Field Assistant of Idupulapaya Village, Vempalli Mandal, YSR Kadapa District temporarily notice and issued show vide proceedings Rc.No.941/HRA/empalli/2024 dated 20.01.2025 straight away without issuing any prior notice and without following any procedure under any law as illegal, arbitrary and violative of principles of natural justice and contrary to the provisions of Mahatma Gandhi National Rural Employment Guarantee Scheme Act, 2005 and violative of Articles 14 and 21 of the Constitution of India and Consequently set-aside the same by directing the respondents herein to continue the petitioner as Field Assistant in Idupulapaya Village, Vempalli Mandal, YSR Kadapa District. cause 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 direct the respondents herein to continue the petitioner as Field Assistant in Idupulapaya Village, Vempalli Mandal, YSR Kadapa District by suspending the proceedings of 3 rd respondent vide proceedings Rc.No.941/HRA/empalli/2024 dated 20.01.2025, pending disposal of thd writ petition. Counsel for the Petitioner: SRI P. NARAHARI BABU Counsel for the Respondent Nos.1 to 3: GP FOR SERVICES I Counsel for the Respondent Nos.4 & 5: Ms. A. VARA LAKSHMI, SC FOR MGNREGS Counsel for the Respondent No.6: Ms. B.V. APARNA LAKSHMI, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER APHC010100592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5329/2025 Between: ...PETITIONER Pothireddy Madhulatha AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.P NARAHARI BABU Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue a Writ of Mandamus, or other appropriate writ, order or direction, declaring the action of the 3 respondent in terminating/suspending the petitioner from his service as Field Assistant of Idupulapaya Village, Vempalli Mandal, YSR Kadapa District, temporarily and issued show cause notice vide proceedings Rc.No.941/HRA/Vempalli/2024 dated 20.01.2025 straight away without issuing any prior notice and without following any procedure under any law as illegal, arbitrary and violative of principles of natural justice and contrary to the provisions of Mahatma Gandhi National Rural Employment Guarantee Scheme Act, 2005 and violative of Articles 14 and 21 of the Constitution of India and Consequently set-aside the same by directing the respondents herein to continue the petitioner as Field Assistant in Idupulapaya Village, Vempalli Mandal, YSR Kadapa District and pass such other order or orders....” rd Heard Sri P. Narahari Babu, learned counsel for the petitioner. 2. Learned Government Pleader for Services-I for respondent Nos.1 to 3, Ms.A.Vara Lakshmi, learned Standing Counsel for respondent Nos.4 and 5, Ms. B.V.Aparna Lakshmi, learned Standing Counsel for respondent No.6. The petitioner was appointed as a Field Assistant by . 3. proceedings dated 23.02.2021, under Mahatma Gandhi National 3 / Rural Employment Guarantee Scheme at Idupulapaya Village, Vempaili Mandal, YSR Kadapa District. She was temporarily suspended from service and also issued show cause notice vide proceedings dated 20.01.2025, on the allegations that she facilitated various persons, who were not residing within the Gram Panchayat, by recording their presence for the purpose of claiming benefit of the Scheme and also marked attendance to persons, who were employed with the Government, thereby contravening the Code. Hence, action was proposed. The petitioner has submitted explanation on 01.02.2025, to the 3'^'^ respondent and requested to drop proceedings. Learned counsel for the petitioner submits that allegations levied against the petitioner are far from the truth and are not supported by any material or documentary evidence and the impugned termination\suspensic5n, pending enquiry, was clearly in violation of principles of natural justice, besides being 4. pre determined. He further contends that the petitioner has no role in issuing Muster records to the beneficiaries and her duty was only to maintain the Muster rolls, which she has been carrying out without any complaint, since she joined in the service. / 4 Learned Government Pleader for respondent Nos.1 to 3 states 5. that, in pursuance of the suspension order and show cause notice the competent authority has already called for a personal hearing, to consider the objections raised by the petitioner and the matter is under consideration for disposal. Without expressing any opinion on merits of the matter, it would suffice to direct the 4"^ respondent to complete the enquiry within a period of two (02) weeks from the date of receipt of a copy 6. of this order. 7. With the above direction, the Writ Petition is disposed of accordingly. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR / //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector and District Program Coordinator, Co-ordinator of MGNREGS, YSR Kadapa District. 3. The Commissioner, Panchayat Raj and Rural Development Department, Tadepalli, Guntur District. 4. The Project Director (PD), Cum Additional District Coordinator MGNREGS, District Water Management Agency (DWMA), YSR Kadapa District at Kadapa. 4 5. The Mandal Parishad Development Officer (MPDO), MGNREGS, Mandal Praja Parishad, Vempalli Mandal, YSR Kadapa District. 6. The Secretary, Idupulapaya Gram Panchayat, Idupulapaya Village, Vempalli Mandal, YSR Kadapa District. 7. One CC to Sri P. Narahari Babu, Advocate [OPUC] 8. One CC to Ms. A. Vara Lakshmi, SC for MGNREGS[OPUC] 9. One CC to Ms. B.V. Aparna Lakshmi, SC for ZPP, MPP & Gram Panchayat[OPUC] 10. Two CCs to GP for Services-1 ,High Court Of Andhra Pradesh. [OUT] 11. Three CD Copies. ssb HIGH COURT DATED:06/03/2025 ‘o^'andT^ r ORDER * 19 MAR 2025 o Current Section ^ WP.No.5329 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS