Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT AMARAV -9 7,-; I -O' mi t'l 7} \ THE HONOURABLE SRt JUSTICE CHALLA GUNARANJAN^ WRIT PETITION NO: 5358 OF 707^ Between: Bathala Venkata Subbamma, W/o. Gangadhar, Aged about 40 Field Assistant, R/o.D.No.1-103 YSR Kadapa District. years, Occ: Kummarampalli Village, Vempalli Mandal ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector and District Program Coordinator, 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) District at Kadapa. 5. The Mandal Parishad Development Officer (MPDO), MGNREGS Mandal Praja Parishad, Vempalli Mandal, YSR Kadapa District. 6. The Kummarampalli Gram Panchayat, Kummarampalli Village Mandal YSR Kadapa District, Rep. by its Secretary Co-ordinator of YSR Kadapa' Vempalli ...RESPONDENTS India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ of Mandamus Petition under Article 226 of the Constitution of may or other appropriate writ, order or
3rd direction, declaring the action of the respondent in terminating/suspending the petitioner from his service as Field Assistant of K Kummarampalli Village, Vempalli Mandal, YSR Kadapa District temporarily-and issued show cause notice vide proceedings Rc.No.1016/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 Kummarampalli Village, Vempalli Mandal, YSR Kadapa District. 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 Kummarampalli Village, Vempalli Mandal, YSR Kadapa District by suspending the proceedings of respondent vide proceedings Rc.No.1016/HRA/empaili/2024 dated 20.01.2025, pending disposal of the writ petition.
Counsel for the Petitioner: SRI P. NARAHARI BABU Counsel for the Respondent Nos.1 to 3: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.4:SRI M.S.R. CHANDRA MURTHY, SC FOR MGNREGS Counsel for the Respondent Nos.6 & 6:M/s. B.V.APARNA LAKSHMI, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER
% APHC010100552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) hSfe- [3506] WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5358/2025 Between: ...PETITIONER Bathala Venkata Subbamma AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner:
1.P NARAHARI BABU Counsel for the Respondent(S):
1.GP FOR SERVICES I !kt4. ▼ 2 4 r The Court made the following:
ORDER: Heard Sri P. Narahari Babu, learned counsel for the petitioner, Ms. B.V. Aparnalakshmi, learned Standing Counsel for respondent Nos.5 & 6 and learned Assistant Government pleader for Services appearing for the respondents. The petitioner has been appointed and has been working as a Field Assistant at Kummarampalli Village, Vempalli Mandal, Y.S.R. Kadapa District. The 4^'' respondent issued impugned proceedings vide Rc.No.1016/HRA/empalli/2024, dated 20.01.2025, informing the petitioner that she has been placed under suspension, pending enquiry and also called upon a show cause for the allegations that she had facilitated certain government employees to claim the benefit under MGNREGS (National Rural Employment Guarantee Scheme). Assailing the same, the present writ petition is filed.
2.
3. The
learned counsel for the petitioner submits that the allegation made in the impugned notice has no basis inasmuch she has no role in preparation of job cards. The petitioner’s duty only to report the presence of beneficiaries while the work was being executed, and that an explanation has already been submitted
28.01.2025. as was on
4.
Learned counsel for respondent Nos.2 & 3 states that, in pursuance of the suspension order and show cause notice, the competent authority has already called for a personal hearing 17.02.2025 to consider the objections raised by the petitioner and the matter is under consideration for disposal. on
3 C3 on merits of the matter, it Without expressing any opinion would suffice to direct the respondent to complete the enquiry within a period of two (02) weeks from the date of receipt of a copy
5. of this order. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed.
6.
Sd/- M SRiNlVAS 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.
5. The Mandal Parishad Development Officer (MPDO), MGNREGS, Mandal Praja Parishad, Vempalli Mandal, YSR Kadapa District.
6. The Secretary, The Kummarampalli Gram Panchayat, Kummarampalli Village, Vempalli Mandal YSR Kadapa District.
7. One CC to Sri P. Narahari Babu, Advocate [OPUC]
8. One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS[OPUC]
9. One CC to M/s. B.V. Aparna Lakshmi, SC for ZPP, MPP & Gram Panchayat[OPUC]
10. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT]
11. Two CCs to GP for Services-I, High Court of Andhra Pradesh. [OUT]
12. Three CD Copies. ssb
HIGH COURT DATED:05/03/2025
ORDER WP.No.5358 of 2025 andh^ 2 4 MAR 2025 ^ Current Section ^ 'xst' ★ DISPOSING OF THE W.P. WITHOUT COSTS