P a g e | 1 Date of reserved for orders : 12.08.2026 Date of pronouncement : 19.08.2026 Date of uploading : APHC010155852024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 19th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 7923 OF 2024 Between: 1. SHAIK HUSSEN, S/o Abdulla, Aged about 37 years, R/ o 4-98, Dodleru, Krosuru, Guntur, District, Andhra Pradesh, 522,410. ...Petitioner AND 1. THE STATE OF AP, p. by its Principal Secretary, Department of Health and Medical and Family Welfare, A.P. Secretariat, Amaravathi, Velgapudi, Guntur District. 2. The Commissioner, Department of Health And Family Welfare, D.No.189, 2nd Floor Himagna Towers, NTR Marg, Lie Colony, B-Block, Gollapudi, Vijayawada, Andhra Pradesh 521225. 3. The Director, Directorate of Secondary Health, (formerly Andhra Pradesh Vaidya Vidhana Parishad) Lakshmi Elite No.77-2/G, Pathur, Road, Tadepalli, Guntur, District, Andhra Pradesh - 522501. 4. The District Coordinator of Hospital Services, APSH(APVVP), Palnadu, District, Narasaraopet. P a g e | 2 5. The District Coordinator of Hospital Services, APSH(APVVP), Guntur, District, Guntur. ...Respondents Counsel for the Petitioner: TAMMANA ANUP KUMAR Counsel for the Respondents: GP FOR SERVICES IV The Court made the following order: P a g e | 3 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 7923 OF 2024 ORDER: This writ petition is filed seeking the following relief: “…to issue a Order or direction, particularly, one in the nature of writ of Mandamus dismissing the termination order Dt. 08.01.2024 issued by the 3rd respondent as, illegal, arbitrary, violation of Principles of Natural Justice, violative of the governments directions under Rc.No. 5679/CHFW/CAO/2021 Dt.09.11.2021 and consequently direct the respondents to dismiss the termination order Dt. 08.01.2024 and immediately absorb the petitioner into services at 3rd respondent's office at Tadepalli, with all consequential benefits…” 2. The case of the petitioner is that, pursuant to the permission accorded by the office of the 3rd respondent for hiring Data Entry Operators, petitioner was appointed as a Data Entry Operator on 25.04.2016. Petitioner submits that he worked in the said capacity for about seven years and two months. Subsequently, on 20.10.2023, he was transferred to DCHS, Guntur District, on work arrangement basis. As the petitioner’s family is residing in Vijayawada, transfer to Guntur caused him considerable financial hardship and inconvenience. Petitioner brought the said difficulty to the notice of the respondent authorities and requested to permit him to continue in NTR District. However, his representations were not considered. After working for about 15 days at DCHS, Guntur, petitioner was further transferred to DCHS, Palnadu District, at Narasaraopet, on 08.11.2023. Despite making several oral representations seeking his transfer back to NTR District, the respondents did not consider his request. P a g e | 4 3. Thereafter, on 19.12.2023, petitioner submitted a complaint against Ms. Padma Kumari, Secretary, and certain other officers of the 3rd respondent, alleging that appointments were being made by the said officers without issuing any notification. Pursuant thereto, a memo dated 20.12.2023 was issued calling upon the petitioner to appear before the office of the 3rd respondent along with all supporting documents. Accordingly, the petitioner appeared and submitted his explanation. However, the enquiry was conducted by the very officers against whom he had made the complaint, which is contrary to the principles of natural justice. Thereafter, the 3rd respondent issued proceedings dated 08.01.2024, terminating the services of the petitioner. 4. Aggrieved by that, the present writ petition is filed. 5. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents. 6. Refuting the allegations made in the affidavit filed in support of the writ petition, the 3rd respondent filed a counter-affidavit stating that the petitioner was engaged as a Data Entry Operator on outsourcing basis in the office of the Director of Secondary Health, i.e., the 3rd respondent, through APCOS, an outsourcing agency and there is no employer – employee relationship between the petitioner and respondent authorities. It is stated that the petitioner was transferred pursuant to a work adjustment order, with a clear intimation that the arrangement was temporary and that he would be taken P a g e | 5 back to the parent office after a period of three to six months. However, petitioner started making false, frivolous and baseless allegations against almost all the employees of the Head Office, ranging from the Director to Data Entry Operators, and circulated photographs of various officers and employees taken on different occasions, which had no relevance to the allegations made by him. The petitioner also sent complaints through e-mails to the Hon’ble Governor, the Hon’ble Chief Minister, various Ministers, departmental officers and hospitals across the State. It is further stated that the petitioner submitted complaints dated 07.11.2023, 10.11.2023, 14.11.2023, 23.11.2023 and 19.12.2023, allegedly with an intention to tarnish the image of the organisation. However, pursuant to the complaint dated 19.12.2023, petitioner was issued a memo dated 20.12.2023 directing him to appear before the Director of Secondary Health and produce documentary evidence in support of the allegations made by him. However, the petitioner appeared but failed to furnish any material in support of his allegations against the officers and employees concerned. Thereby, upon consideration of the matter and the material available, the authorities concluded that the petitioner had indulged in making false, baseless and frivolous allegations against the officials and employees without producing any supporting material, as such, action is required to be taken against the petitioner as per Para No.8 of Chapter IV handling complaints published in Hand Book on Disciplinary Proceedings 2023 of AP Vigilance Commission. Accordingly, in the interest of P a g e | 6 administration, the services of the petitioner were terminated by proceedings dated 08.01.2024. 7. Learned Assistant Government Pleader for the respondents placed reliance on the deliberations held in the chambers of the Directorate of Secondary Health on 22.12.2023, wherein the petitioner participated and was afforded an opportunity to substantiate his allegations. However, the petitioner failed to produce any material in support thereof. Accordingly, a decision was taken to terminate his services by the impugned proceedings. In such circumstances, it cannot be said that the impugned proceedings was in violation of the principles of natural justice and prayed to dismiss the writ petition. 8. Considered the submissions and perused the material placed on record. Pursuant to the complaint dated 19.12.2023, the petitioner was issued a memo dated 20.12.2023, directing him to appear and substantiate his allegations with supporting material. The petitioner appeared and participated in the deliberations held on 22.12.2023, but failed to produce any documentary evidence in support of his allegations. As such, the authorities, upon considering the material on record, had passed the impugned order terminating the services of the petitioner concluding that the petitioner had made false complaints against all the staff working in the Head office. P a g e | 7 9. In such circumstances, the contention that the impugned proceedings was passed in violation of the principles of natural justice cannot be accepted, as the petitioner was afforded an opportunity to substantiate his claim in the deliberations and he being an outsourced employee cannot claim to have a regular enquiry as contemplated under AP State and Subordinate Service Rules, 1996. 10. In view of the foregoing reasons, the petitioner failed to make out his case in his favor. 11. Accordingly, writ petition is dismissed. As a sequel, miscellaneous applications, pending, if any, shall stand closed. __________________________ JUSTICE BALAJI MEDAMALLI Date: 19.08.2026 Dvs P a g e | 8 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 7923 OF 2024 Date: 19.08.2026 Dvs