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2026 DAILYLAW 15737 (AP)

KALVA NARENDRA PRASAD v. AP SOUTHERN POWER DISTRIBUTION COMPANY OF AP LTD

WP/3577/2026 · 2026-02-08

D Ramesh

body2026

Judgment text

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APHC010041802026 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 3577 of Between: 1. KALVA NARENDRA PRASAD, S/O KALVA BALANAGASUBBARAYUDU, AGE 36 YEARS, R/O 1 VILLAGE,KRISHNAGIRI MANDAL, KURNOOL DISTRICT,ANDHRA PRADESH - 518222. 1. AP SOUTHERN POWER DISTRIBUTION COMPANY OF AP LTD, REP. BY ITS CHAIRMAN MANAGING DIRECTOR, TIRUPATI 517503. 2. THE CHIEF GENERAL MANAGER HRD, APSPDCL, TIRUPATI 517501. 3. THE SUPERINTENDING ENGINEER, OPERATION CIRCLE, NANDYAL - 518501. 4. THE EXECUTIVE ENGINEER, OPERATION DIVISION, DHONE 518222. 5. M/S PVKR PROJECTS, REP. BY ITS MANAGING PARTNER, OFFICE AT 3-1, NEHRU NAGAR DHONE , DHONE, ANDHRA PRADESH, INDIA - 518222 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 3577 of 2026 KALVA NARENDRA PRASAD, S/O KALVA BALANAGASUBBARAYUDU, AGE 36 YEARS, R/O 1- VILLAGE,KRISHNAGIRI MANDAL, KURNOOL DISTRICT,ANDHRA 518222. ...PETITIONER AND AP SOUTHERN POWER DISTRIBUTION COMPANY OF AP LTD, CHAIRMAN MANAGING DIRECTOR, TIRUPATI THE CHIEF GENERAL MANAGER HRD, APSPDCL, TIRUPATI THE SUPERINTENDING ENGINEER, OPERATION CIRCLE, 518501. THE EXECUTIVE ENGINEER, OPERATION DIVISION, DHONE M/S PVKR PROJECTS, REP. BY ITS MANAGING PARTNER, OFFICE 1, NEHRU NAGAR DHONE , DHONE, ANDHRA PRADESH, ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3208] MONDAY,THE NINTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE D RAMESH KALVA NARENDRA PRASAD, S/O KALVA -42, CHITYALA VILLAGE,KRISHNAGIRI MANDAL, KURNOOL DISTRICT,ANDHRA ...PETITIONER AP SOUTHERN POWER DISTRIBUTION COMPANY OF AP LTD, CHAIRMAN MANAGING DIRECTOR, TIRUPATI - THE CHIEF GENERAL MANAGER HRD, APSPDCL, TIRUPATI - THE SUPERINTENDING ENGINEER, OPERATION CIRCLE, THE EXECUTIVE ENGINEER, OPERATION DIVISION, DHONE - M/S PVKR PROJECTS, REP. BY ITS MANAGING PARTNER, OFFICE 1, NEHRU NAGAR DHONE , DHONE, ANDHRA PRADESH, ...RESPONDENT(S): Counsel for the Petitioner: 1. DHEERA KANISHKA Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 3577 OF 2026 ORDER:- This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus declaring the action of the Respondent No.5 in issuing the termination proceedings dated 13.08.2025, at the behest, instance and instructions of the official respondents APSPDCL, without issuing any show cause notice, without framing charges, without conducting any enquiry and without affording opportunity of hearing, as illegal, arbitrary, unconstitutional and violative of Articles 14 and 21 of the Constitution of India, and consequently set aside the said termination proceedings, and direct the respondents to reinstate the petitioner into service with continuity of service and all attendant and consequential benefits, including back wages…” 2. Heard Sri Dheera Kanishka, learned counsel for the Petitioner and learned Government Pleader for Services-I for the Respondents. 3. Learned counsel for the Petitioner would contend that the Petitioner is a contract employee engaged as Shift Operator at Sankalapauram Sub- Station under the control of Respondent No.5/ contractor. During the year 2024-25, the Respondents initiated enquiry on certain allegations against the staff and officers of APSPDCL, wherein the Petitioner is arrayed as witness as No.12, but no charge was framed and no disciplinary proceedings were initiated against the Petitioner. The enquiry report does not find any specific finding holding the Petitioner guilty of misconduct. While so, the Respondents issued directions to terminate his services and issued termination proceedings dated 13.08.2025 without issuing show cause notice, which is highly illegal and arbitrary. 4. During hearing learned Assistant Government Pleader for the Respondents fairly submits that there was no relationship of employer and employee between the official Respondents and the Petitioner. He was engaged by the contractor, Respondent No.5. In similar issue already decided by Hon’ble Division Bench of this Court in W.A.No. 467 of 2023, dated 14.07.2023. In the light of said decision, the Writ Petition is not maintainable and same is liable to be dismissed. 5. Considering the submissions made by learned counsel on both sides, the Writ Petition is dismissed. However, the Petitioner is therefore at liberty to take recourse to such other remedy as may be open under law and as may be advised. There shall be no order as to costs. The miscellaneous applications pending, if any, shall also stand closed. __________________ JUSTICE D.RAMESH Date: 09.02.2026 KK