Boya Sreenivasulu, v. The State of Andhra Pradesh,
WP/5671/2025 · 2025-03-10
Challa Gunaranjan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9433 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9433 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5671 OF 2025 Between: Boya Sreenivasulu, S/o. B. Venkateswarulu, Aged 48 years, Occ- Field Assistant, Amadaguntia, Kodumuru Mandal, Kurnool District. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, PRRD Department, Velagapudi, Amaravati, Guntur District.
2. The Commissioner of Rural Development, Government of Andhra Pradesh, Tadepalli, Guntur district.
3. The District Collector and Chairman MGNREGS, Collectorate, Kurnool, Kurnool District.
4. The Project Director, District Water Management Agency, Kurnool District.
5. The Mandal Parishad Development Officer, MGNREGS, Kodumuru Mandal, Kurnool 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 be pleased to issue a Writ, Order or Direction more particularly, a Writ of Mandamus, declaring the actions of the 4*^ Respondent in issuing temporary suspension orders dated 05.02.2025, bearing Proceedings no. 76/Memos/HRM/2017 and set aside the same as unjust, illegal, arbitrary, improper and violative of articles 14,19(1 )(g) and 21 of Constitution of India. may lA NO: 1 OF 2025 Petition under Section 151 of 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 operation of temporary suspension orders dated 05.02.2025, bearing Proceedings no. 76/Memos/HRM/2017 issued by the 4*^ Respondent, forthwith pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI VARUN BYREDDY Counsel for Respondent No.1: GP FOR SERVICES -1 Counsel for the Respondent Nos.2 to 4: SRI M.S.R. CHANDRA MURTHY, SC FOR MGNREGS Counsel for the Respondent No.5: SMT. B.V. APARNA LAKSHMI, SC FOR MPDO The Court made the following:
APHC010104102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5671/2025 Between: ...PETITIONER Boya Sreenivasulu AND ...RESPONDENT(S) The State of Andhra Pradesh and Others Counsel for the Petitioner:
1.VARUN BYREDDY Counsel for the Respondent(S):
1.GP FOR SERVICES I The Court made the following:
ORDER: This writ petition is filed questioning the temporary suspension proceedings No.76/Memos/HRM/2017, 05.02.2025, issued by the 4*^ respondent, as arbitrary, illegal and in violation of Articles 14, 19(1)(g) and 21 of the Constitution of India. dated orders, vide
2 CGR, J. W.P.No. 5671 of 2025
2. Heard Sri Varun Byreddy, learned counsel for the petitioner; learned Assistant Government Pleader for Services-I appearing for 1®‘ respondent; Sri M.S.R. Chandra Murthy, learned Standing Counsel for MGNREGS, appearing for respondents 2 to 4; and Smt. B.V. Aparna Lakshmi, learned Standing Counsel for 5^'^ respondent. 3. Petitioner has been appointed as Field Assistant of Amadaguntla Gram Panchayat, Kodumuru Mandal, under Mahatma Gandhi National Rural Employment Guarantee Scheme (“MGNREGS”) and since then, he has been discharging his duties with due diligence. On the allegation that petitioner has been absent from duty without prior intimation and also on other allegations, he has been placed under suspension vide order, dated 05.02.2025. Simultaneously, petitioner was also issued notice even dated for submitting explanation. Petitioner eventually submitted explanation. dated 12.02.2025, refuting the allegations made against him and pleaded to drop the proceedings. Thereafter, petitioner filed the present writ petition challenging the impugned suspension order. 4. Sri M.S.R. Chandra Murthy, learned Standing Counsel for MGNREGS appearing for respondents 2 to 4, submits that after the
3 CGR, J.
W.P.No. 5671 of 2025 suspension order, which is temporary in nature, in pursuance to show-cause notice, dated 05.02.2025, the 4^'^ respondent has issued notice, dated 04.03.2025, calling upon the petitioner to participate in the enquiry scheduled to be held on 15.03.2025 at 11.00 A.M., however, petitioner has not received the said notice. Copy of the same has been produced before this Court after serving the same on the learned counsel for the petitioner. 5. As the enquiry itself is slatted to be held on 15.03.2025, and that petitioner has already submitted explanation on 12.02.2025, this writ petition is disposed of directing the 4*^ respondent to complete the ongoing enquiry within 30 (thirty) days and pass appropriate orders in accordance with law. Petitioner shall be permitted to submit further explanation, if any, on the date of enquiry and upon considering the said explanation, the 4*'" respondent shall pass orders. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// ^^t^^Tofficer
1. The Principal Secretary, PRRD Department, Velagapudi, Amaravati Guntur District.
2. The Commissioner of Rural Development, Government Pradesh, Tadepalli, Guntur district. SE To, of Andhra
3. The District Collector and Chairman MGNREGS, Collectorate, Kurnool, Kurnool District. 4. The Project Director, District Water Management Agency, Kurnool District. 5. The Mandal Parishad Development Officer, MGNREGS, Kodumuru Mandal, Kurnool District. 6. One CC to Sri Varun Byreddy, Advocate [OPUC]
7. One CC to Smt. B.V. Aparna Lakshmi, SC for MPDO [OPUC]
8. One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS [OPUC]
9. Two CCs to GP for Services -1, High Court of Andhra Pradesh [OUT] Two CD Copies >
10. sree
HIGH COURT DATED:10/03/2025
ORDER WP.No.5671 of 2025 o * 12 MAR 2025 Current Section DISPOSING OF THE W.P.
WITHOUT COSTS