Andhra Pradesh High Court
WP/30397/2024 of KUKATI RATNA BHUSHANAM Vs THE STATE OF ANDHRA PRADESH on 31 December 2024
SRS,J W.P.No.30397 of 2024 APHC010580612024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY , THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30397/2024 Between: 1.
APHC010580612024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
TUESDAY ,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 30397/2024
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1. KUKATI RATNA BHUSHANAM, SON OF YOBU, AGE 42 YEARS, WORKED AS A FIELD ASSISTANT, RESIDENT OF DOOR NO. 2-17, MUKKAPADU GRAM PANCHAYATH UNGUTURU MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH.WORKED AS A FIELD ASSISTANT, RESIDENT OF DOOR NO. 2-17, MUKKAPADU GRAM PANCHAYATH UNGUTURU MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPALSECRETARY, PANCHAYATH RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, A.P.PRINCIPALSECRETARY, PANCHAYATH RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, A.P.
2. THE COLLECTOR AND DISTRICT MAGISTRATE, KRISHNA DISTRICT, MACHILIPATNAM.DISTRICT, MACHILIPATNAM.
3. THE PROJECT DIRECTOR, DWMA, KRISHNA DISTRICT, MACHILIPATNAM.MACHILIPATNAM.
4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, UNGUTURU MANDAL, KRISHNA DISTRICT, A.P.MANDAL, KRISHNA DISTRICT, A.P.
5. THE GARM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, MUKKAPADU GRAM PANCHAYATH, UNGUTURU MANDAL, KRISHNA DISTRICT, A.P.MUKKAPADU GRAM PANCHAYATH, UNGUTURU MANDAL, KRISHNA DISTRICT, A.P.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the inaction of the respondents more particularly Respondent No. 3 in not considering the representation submitted by the petitioner dated 25.11.2024 in reply to the orders passed by the 3rd respondent vide proceedings in RC. 80/A2/2018 dated 15.11.2024 by temporarily removing the petitioner from the post of field assistant in Mukkapadu Gram Panchayath, Unguturu mandal, Krishna District and trying to appoint the some other persons by replacing the petitioner, which is highly illegal, arbitrary without flowing Due Process Of Law, and in violation to the Principles Of Natural Justice and consequently direct the respondents not to appoint any other person as field assistant without passing any final orders to the explanation submitted by the petitioner and to pass IA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to consider the representation submitted by the petitioner dated 25.11.2024 in reply to the orders passed by the 3rd respondent vide proceedings in RC. 80/A2/2018 dated 15.11.2024 and further direct the 3rd respondent to reinitiate for the post of field assistant in Mukkapadu Gram Panchayath, Unguturu Mandal, Krishana District pending disposal of the main Writ Petition and pass Counsel for the Petitioner:
1. ELURU SESHA MAHESH BABU
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
The Court made the following ORDER:
Heard Sri T. Siva Prasad, learned counsel for the petitioner; Sri S. Raju, learned Assistant Government Pleader for Services, for respondent No.1; Sri M.S.R. Chandra Murthy, learned standing counsel for respondents 2 and 3 and Sri G. Srinivasulu Reddy, learned standing counsel for respondents 4 and 5.
2. A show cause notice-cum-suspension proceedings vide Rc.No.80/A2/ 2018 dated 15.11.2024 was issued to the petitioner by respondent No.3, temporarily suspending the petitioner from service as Field Assistant, Mukkapadu Gram Panchayat, Unguturu Mandal (Ex.P2). The petitioner submitted an explanation dated 25.11.2024 to the said show cause notice.
3. Learned counsel for the petitioner submits that despite the submission of an explanation by the petitioner, the inquiry has not been completed in terms of Filed Assistant Human Resource Policy, 2013 (FAHRP).
4. Learned standing counsel for respondents 2 and 3 submitted instructions of respondent No.3 as well as a copy of notice, said to have been issued to the petitioner vide Rc.No.66/A2/2024 dated 26.12.2024, directing the petitioner to attend personal hearing on 03.01.2025 at 11:00 A.M. Learned standing counsel submitted that respondent No.3 will conduct the inquiry and pass appropriate orders, after giving opportunity to the petitioner.
5. Given the facts and circumstances of the case, without touching the merits of the matter, this writ petition is disposed of at the admission stage, with the consent of learned counsel on either side, directing respondent No.3 to pass a speaking order, duly considering the petitioner’s explanation after affording an opportunity of personal hearing, strictly by following the procedure mandated under FAHRP No costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________________
JUSTICE SUBBA REDDY SATTI
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 30397 / 2024
Date: 31.12.2024 IKN