P NAGENDRA v. THE PROJECT DIRECTOR
Court: High Court of Andhra Pradesh
Bench: SUBBA REDDY SATTI
Judgment date:
Case summary
High Court of Andhra Pradesh judgment dated 2025-02-18. P NAGENDRA v. THE PROJECT DIRECTOR. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4195 OF 2025 Between: P. Nagendra, S/o. Sreenivasulu, Aged about 39 years, Occ: Field Assistant, R/o. Alamuru Village, Rudravaram Mandal, Nandyal District. ... PETITIONER AND 1. The Project Director, District Water Management Agency (DWMA) Nandyal, Nandyal District. 2. The Chairmen, District Water Management Agency (DWMA), Nandyal, Nandyal District. 3. The Assistant Project Director, Kovelakuntia, Nandyal District. 4. The State of Andhra Pradesh, Rep by its Principal Secretary, Panchayat Raj Department, Secretariat, Velagapudi, Amaravathi, Guntur District. ... RESPONDE.
vlTS 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 to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No. 1 in issuing the impugned proceedings in R. C. No. 47/2025/HRM(DWMA)/NDL, dated 23-01-2025 suspending the Petitioner from service as Field Assistant pending disciplinary action as arbitrary, illegal, beyond jurisdiction and violation of Article 14 and 21 of the Constitution of India and consequently set aside the proceedings impugned R. C. No. 47/2025/HRM(DWMA)/NDL, dated 23-01-2025 issued by the 1®* Respondent in the interest of justice. lA NO: 1 OF 2025 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 to suspend the impugned proceedings in St R. C. No.
47/2025/HRM(DWMA)/NDL, dated 23-01-2025 issued by the 1 Respondent pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: SRI P. NAGENDRA REDDY Counsel for the Respondent Nos. 1 to 3: SRI M. S. R. CHANDRA MURTHY, SC FOR MGNREGS Counsel for the Respondent No. 4: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT The Court made the following: ORDER APHC010077342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331] (Special Original Jurisdiction) TUESDAY . THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4195/2025 Between: P Nagendra ... PETITIONER AND The Project Director and Others ... RESPONDENT(S) Counsel for the Petitioner: 1. P NAGENDRA REDDY Counsel for the Respondent{S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. The Court made the following ORDER: Heard Sri Sazid, learned counsel representing Sri K. Raghu Veer, learned counsel for the petitioner, Sri S.
Raju, learned Assistant Government Pleader for Services-I for 4^^ respondent and Sri M. S. R. Chandra Murthy, learned standing counsel for the respondents 1 to 3. V 2. The petitioner, Field Assistant (under suspension), filed the above writ petition challenging the proceedings vide R. C. No. 47/2025/HRM(DWMA)/NDL dated 23. 01. 2025 (Ex. P. 1) placed the petitioner under suspension (temporarily out of contract) as illegal and arbitrary. 3. A show-cause notice vide R. C. No. 47/2025/HRM(DWMA)/NDL , dated 23. 01. 2025 (Ex. P. 2) was issued to the petitioner and on the same day, by issuing Ex. P. 1 suspension proceedings, the petitioner was placed under suspension. 4. Learned counsel for the petitioner would submit that before placing the petitioner under suspension (temporarily out of contract) no notice was issued and the respondent authorities failed to follow the principles of natural justice. 5.
Learned standing counsel on instructions would submit that a social audit was conducted and thereafter, the Assistant Project Director submitted a report. Based upon the said report, the show-cause notice (Ex. P. 2) was issued and suspension proceedings vide Ex. P. 1 were issued to the petitioner. Learned standing counsel would submit that the 1^‘ respondent has been strictly following the Field Assistants Human Resource Policy, 2013 (for short FAHRP”). Learned standing counsel would further submit that the inquiry will be completed within 30 days as per Clause 13 of the FAHRP. 6. In reply, learned counsel for the petitioner would submit that the petitioner will submit an explanation within a week from today. 7.
Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on , either side giving liberty to the petitioner to submit an explanation within a week from the date of receipt of the copy of this order. Learned 1"‘ respondent T and conclude the opportunity of hearing to the petitioner shall provide an the procedure mandated under Clause inquiry within 30 days by adhering to a reasoned order. No order as to costs. 13 of the FAHRP, 2013 and, pass shall stand closed. miscellaneous petitions, if any As a sequel, pending Sd/- H. NAGAMMA assistant^ REGI^RAR //TRUE COPY// 3 ^ OFFICER To, Management Agency (DWMA) 1 The Project Director, District Water Nandyal, Nandyal District. Nandyal, , District Water Management Agency (DWMA) 2. The Chairmen Nandyal District. * Distric . 3 The Assistant Project Director, Kovelakuntia, Nandyai 3. TheAss,sta 3,3t Raj Department, State of Andhra 4.
The Principal Secretary , Amaravathi, Guntur District. Pradesh, Secretariat, Velagapudi Nagendra Reddy, Advocate [OPUC] 5. OneCC toSriP. SC for MGNREGS [OPUC] Sri M. S. R. Chandra Murthy 6. OneCCto Rural Development, High Court of 7. Two CC’s to GP for Panchayat Raj & Andhra Pradesh[OUTl 8. Three CD Copies. ssb HIGH COURT DATED:18/02/2025 ORDER WP. No. 4195 of 2025 w 5 1 1 MAR 2C:j . Current Section . ^ DISPOSING OF THE W. P. AT THE STAGE OF ADMISSION WITHOUT COSTS /
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