1 APHC010509562024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 26449/2024 Between: Avuula Ramakrishna ...PETITIONER AND The District Collector And Magistrate and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K R SRINIVAS Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following: ORDER: The present Writ Petition is filed questioning the action of Respondent No.1 in terminating the services of the petitioner through R.O.C.No.1335/2024- A3 dated 09.09.2024, without conducting enquiry and without giving a reasonable opportunity of hearing, violative of principles of natural justice, breach of Article 311 of the Constitution of India. 2 2. Initially the petitioner was appointed as Watchman-cum-operator on 01.10.1984 on daily wage basis in a sanctioned post and working continuously. He has completed 38 years of service and a service certificate dated 04.04.2023 was also issued by the Panchayat Secretary, Chilamkur Gram Panchayat, Yerraguntla Mandal. Though the petitioner has completed more than 5 years of service, his services were not yet regularized as per G.O.Mas.No.212 dated 22.04.1994. The petitioner has submitted several representations to the respondents for regularization of his services. 3. While pending the said representations surprisingly the 2nd respondent has issued show-cause notice on 16.08.2024 for initiation of proceedings against the petitioner and the Panchayat Secretaries under Rule 20 of the CCA Rules, 1991, based on the complaints given by some third party. Thereafter, without conducting any enquiry based on the joint inspection, the 1st respondent has issued proceedings on 09.09.2024 with the following directions: “Considering the above details, the EO PR&RD Yerraguntla Mandal is authorized to seize the motor and borewell installed in the private land of Sri Aavula Ramakrishna NMR (PWS Scheme, Pump Operator) and to recover the amount of Rs.4,53,600/- which he has drawn as salary while being completely absent from duty from 01.04.2021 to 31.03.2024. Since he has misused his authority, a criminal case will be filed against him. The Mandal Parishad Development Officer, Yerraguntla Mandal, has requested that the reasons for the immediate removal of Sri Aavula 3 Ramakrishna NMR from his duties in Chilamakuru Gram Panchayat be sent to this office.” 4. Consequent to the above, the respondents have not permitted the petitioner to work and discontinued his services. Aggrieved by the said action, the present writ petition was filed. 5. Though the counters filed by the respondents, but a perusal of the Government Memo and the impugned orders show that the proceedings were issued with a specific direction to the EO PR&RD Yerraguntla Mandal is authorized to seize the motor and bore-well installed in the private land of Sri Aavula Ramakrishna NMR (PWS Scheme, Pump Operator) and to recover the amount of Rs.4,53,600/-, which was paid as salary by initiating the disciplinary proceedings/criminal proceedings against the petitioner. But, in the counter, the question as to whether 3rd respondent has passed any orders is silent. 6. This Court directed the Government Pleader to get instructions with regard to the implementation of the order dated 27.01.2026. Only they have stated that the petitioner has not attended the duties from 01.04.2021 to 31.03.2024 and he has drawn the salary of Rs.4,53,600/-. But in the instructions filed, it is also silent as to whether any consequential orders have been passed or not. 7. Considering the submissions that as far as the impugned order dated 09.09.2024, it is only giving an authorization to the 3rd respondent to initiate proceedings and recover the amounts from the petitioner. That means no such 4 proceedings have been initiated and no criminal case is also registered. In the said circumstances, this Court is of the opinion that without initiation of the proceedings either disciplinary or criminal, the respondents ought not to have implemented the order dated 09.09.2024. 8. Accordingly, the writ petition is disposed of directing the respondents to continue the petitioner in service till initiation or passing of the final orders either in disciplinary or criminal proceedings. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. _____________ D. RAMESH,J Date:11.02.2026 Gk. 5 THE HON’BLE SRI JUSTICE D. RAMESH WRIT PETITION No.26449 OF 2024 Date:11.02.2026 Gk