APHC010108662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5535/2025 Between: Dronagiri Dwaraka Bai, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. BUGULU SREETEJA Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2. GP FOR SERVICES I 3. K BHEEMA RAO 2 CGR, J W.P.No.5535 of 2025 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in Rc.No.254\2024\APCOS dated 09.05.2024 passed by Respondent No.2 wherein removing the petitioner Nos.1 to 5 from the post of PH Worker, Public Health Department, Nellore Municipal Corporation, Nellore District just basing on newspaper clipping dated 09.05.2024 that the petitioners have participated in election campaigning for one political party, without conducting any enquiry, without issuing show cause notice and without furnishing Enquiry Report and without following principles of natural justice is illegal, irregular, arbitrary, violative of principles of natural justice and violative of Article 14 and 21 of the Constitution of India, accordingly set aside impugned proceedings dated 09.05.2024 and consequently direct the respondents to reinstate the petitioners forthwith with continuity of service will all consequential benefits and pass such other order or orders…” 2. The petitioners are all working on outsourcing basis with 3rd respondent-Municipal Corporation. They have been removed from service by impugned proceedings vide ROC No.254/3/2024/APCOS dated 09.05.2024 on the ground that they had violated the Model Code of Conduct (MCC) for general elections 2024, issued by Election Commission of India, by participating in political campaign. Assailing the said termination/removal proceedings, present writ petition is filed. 3 CGR, J W.P.No.5535 of 2025 3. Heard Ms B.Sreeteja, learned counsel for the petitioners and Sri Harsha S.Ammineni, learned counsel, representing Sri A.S.C.Bose, learned counsel for respondent Nos.2 to 5. 4. Learned counsel for the petitioners submits that impugned termination proceedings are without prior show cause notice and prior enquiry. Therefore, it amounts to clear violation of principles of natural justice. She also tried to address on merits of the matter stating that petitioners never participated in any political campaign rather they have attended only a wedding of a colleague and that too on Sunday. 5. Sri Harsha S. Ammineni, learned counsel, representing Sri A.S.C.Bose, learned counsel for the respondent Nos.2 to 5, by referring to counter-affidavit in particular paragraph No.3 submits that petitioners came to be removed, as they were indulged in activities which are not permissible, that is political campaign, in view of Model Code of Conduct (MCC) for general elections 2024. Only after calling for report from the 4th respondent vide ROC No.295/E.C/2024/F1, dated 09.05.2024 and other officers, the impugned decision of removal has been taken and he also tried to justify the impugned proceedings. He further stated that as per the newspapers clipping and also photographs, it was very much clear that petitioners had participated in political campaign and taking that 4 CGR, J W.P.No.5535 of 2025 into consideration, besides all of them were on leave during the period of elections, the above action of removal came be taken. 6. This Court considered the rival submissions. It is evident from the impugned proceedings that petitioners were neither issued any show cause notice nor were subjected to enquiry before passing impugned proceedings, even counter-affidavit filed by respondent- Corporation does not deny the said fact and rather they tried to justify on merits of the matter. 7. Without going into merits, on this sole ground, the writ petition deserves to be allowed and the impugned proceedings vide ROC No.254/3/2024/APCOS dated 09.05.2024 issued by the 2nd respondent is set aside and the respondents are directed to reinstate the petitioners into service. However, this does not preclude the respondents to initiate enquiry on the aforesaid allegation and pass appropriate orders, in accordance with law. 8. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 04.04.2025 KBN 5 CGR, J W.P.No.5535 of 2025 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN 133 WRIT PETITION NO: 5535/2025 Date: 04.04.2025 KBN