The High Court disposed of a writ petition challenging the petitioner's suspension as a Field Assistant. The court ruled in favor of the petitioner by following its previous order in Writ Petition No. 5963 of 2021, directing a copy of that order to be attached.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY,THE THIRTIETH DAY OF AUGUST.'^
TWO THOUSAND AND TWENTY THREE -V-S* j
-O I
’.5
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO; 22075 OF 2023
Between:
B ANITHA KUMARI, W/o B. Kanta Rao, Aged. 35 years, Occ. Field Assistant (Suspension), R/o. Narasapuram Gram Panchayat, Santhabommali Mandal, Srikakulam District.
...PETITIONER
AND
...RESPONDENTS
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 declaring the proceedings in Rc.No.143/2022/EGS/HR, dt. 03.08.2023 passed by the 2nd respondent thereby temporarily suspended me from the post of Field Assistant working in Narasapuram Gram Panchayat of Santhabommali Mandal in Srikakulam District, without conducting enquiry as illegal, irregular, arbitrary, violative of principles of natural justice, contrary to the provisions of National Rural Employment Guarantee. Scheme Act, 2005 and offends Articles 14 and 21 of Constitution of India and consequently set aside the proceedings dt. 03.08.2023 and direct the 2nd respondent to reinstate me into service for the said post.
lA NO; 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may he pleased to suspend the operation of proceedings in Rc.No.143/2022/EGS/HR, dt. 03.08.2023 passed by the ’2"** respondent and consequently direct the respondents to reinstate the petitioner into service in the post of Field Assistant working in Narasapuram Gram Panchayat of Santhabommali Mandal in Srikakulam District, pending disposal of the main Writ Petition.
Counsel for the Petitioner: SRI SRINIVAS AMBATI
Counsel for the Respondents No 1: GP FOR SERVICES IV
Counsel for the Respondents No 2: SRI M.S.R. CHANDRA MURTHI
The Court made the following Order:
'J- •
ti !■I
/ 1
THE HONOURABLE SMT JUSTICE V. SUJATHA
WRIT PETITION No.22075 of 2023
ORDER: -
The present Writ Petition came to be filed under Article
226 of the Constitution of India seeking the following relief:-
“...to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings in Rc.No. 143/2022/ECS/HR, dated 03.08.2023 passed by the 2nd respondent thereby temporarily suspended the petitioner from the post of Field Assistant working in Narasapuram Gram Panchayat of Santhabommali Mandal in Srikdkulam District, without conducting enquiry as illegal, irregular, arbitrary, violative ofprinciples of natural justice contrary to the provisions of National Rural Employment Guarantee Scheme Act, 2005 and offends Articles 14 and 21 of Constitution of India and consequently set aside the proceedings dated 03.08.2023 and direct the 2nd respondent to reinstate the petitioner into servicefor the said post...” 2. When the matter is taken up for hearing, learned counsel for the petitioner submits that the issue involved in this Writ Petition is squarely covered by the order dated 04.01.2022 passed by this Court in Writ Petition No.5963 of 2021 and requested to pass a similar order in this writ petition also. The same is not disputed by learned Government Pleader and learned Standing Counsel appearing for the respondents.
2
As a sequel thereto, miscellaneous petitions, if any
pending, shall stand closed.
SD/- P.U.V.BHASKARA RAO ASSISTANT REGISTRAR
//TRUE COPY//
SE< N OFFICER
To,
1. The Principal Secretary to Government, State of Andhra Pradesh, Panchayat Raj and Rural Development Department. Secretariat. Velagapudi. Amaravati. Guntur District. 2. Project Director-cum-Additional District. Programme Coordinator of MGNREGS. District Water Management Agency. Srikakulam District. 3. One CC to Sri. Srinivas ambati Advocate [OPUC] 4. Two CCs to GP For Services Iv.High Court Of Andhra Pradesh. [OUT] 5. One CC to SRI MSR CHANDRA MURTHI. 6. Two CD Copies. BHARGAVI
HIGH COURT
DATED: 30/08/2023
ORDER
WP.No.22075 of 2023
DISPOSING OF THE WRIT PETITION WITHOUT COSTS
'Hl
I 3 0 OCT 2023 |
Current Section
1 issue framed by the court
Whether the petitioner is entitled to reinstatement and declaration of illegality regarding suspension proceedings without enquiry.
Colour shows how this judgement treated each authority
Writ Petition No.5963 of 2021Followed¶26
3 provisions across 2 enactments
B Anitha Kumari
The State of Andhra Pradesh
Project Director-cum-Additional District, Programme Coordinator of MGNREGS
Smt Justice V. Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
