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2026 DAILYLAW 24798 (AP)

O Anil Kumar v. The State of Andhra Pradesh

WP/26566/2025 · 2026-03-02

D Ramesh

body2026

Judgment text

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1 APHC010515922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 26566/2025 Between: 1. O ANIL KUMAR, S/O HARI BABU, AGED 36 YEARS, OCC - DATA ENTRY OPERATOR, (UNDER ORDERS OF REMOVAL), R/O D.NO. 2-69, RAJUGARIPALEM, MARTUR MANDAL, PRAKASAM DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COLLECTOR AND DISTRICT MAGISTRATE, PRAKASAM DISTRICT, ONGOLE. 3. THE TAHSILDAR, MARTUR MANDAL, BAPATIA DISTRICT, AP 4. THE ANDHRA PRADESH CORPORATION FOR OUTSOURCED SERVICES, REP. BY ITS MANAGING DIRECTOR, 2ND FLOOR NTR ADMINISTRATIVE BLOCK, PN BUS STATION, VIJAYAWADA, KRISHNA DISTRICT. 2 ...RESPONDENT(S): Counsel for the Petitioner: 1. B NIRUPAMA GAYATHRI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.26566 of 2025 ORDER: The present writ petition is filed seeking the following relief: <….to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the 2nd respondent in issuing impugned proceedings vide Rc.No. A2/1296/2023 dated 31-01-2024 wherein removed me from service without conducting any enquiry is illegal, arbitrary, unjust, violative of principle of natural justice and violative of Articles 14 and 16 of the Constitution of India and consequently set aside the same by directing the respondents to reinstate me into duty as Data Entry Operator set aside the same.….= 2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents. 3. Petitioner was appointed as Data Entry Operator (elections) on outsourcing basis on 03.09.2021 and posted to the office of 3rd respondent and working as such. He was issued show-cause notice, dated 13.11.2023, alleging that he absconded from duties since months ago without prior permission of the competent authority and therefore, he was called upon to submit explanation. Petitioner, in turn, has submitted an explanation 4 refuting the same. The 2nd respondent – competent authority has issued impugned proceedings vide Rc.No.A2/1296/2023, dated 31.01.2024, removing the petitioner from services. Assailing the said order, the present writ petition is filed. 4. The learned counsel for the petitioner submits that a similar matter was disposed of by order dated 23.04.2025 in W.P.No.25788 of 2024. 5. The learned Government Pleader also does not dispute this fact. 6. In that view of the matter, the present Writ Petition is disposed of, in terms of the order dated 23.04.2025 in W.P.No.25788 of 2024 by setting aside the impugned proceedings vide Rc.No.A2/1296/2023, dated 31.01.2024, issued by the 2nd respondent and remanding the matter to the 2nd respondent for reconsideration. The 2nd respondent shall consider the objections of the petitioner before passing final order and in case proposes to rely on any material including that of report stated to have been submitted by the 3rd respondent, copy of the same be furnished to the petitioner, who, in turn, is granted liberty to submit explanation within a reasonable time and 5 thereafter, the 2nd respondent is to decide the matter by passing appropriate speaking order. 7. In view of setting aside the impugned order, the respondents are directed to reinstate the petitioner into service forthwith, which shall be subject to further enquiry and orders to be passed. 8. With the above observation, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 03.03.2026 Ivd 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.26566 of 2025 Dated: 03.03.2026 Ivd