Disposed

Kakanuru Nirmalamma v. the State of Andhra Pradesh

Andhra Pradesh HC22 Sept 2024WP/20935/2024

Case brief

AI extract

What is this about?

An MGNREGS Field Assistant suspended the same day a show cause notice was issued challenged the suspension as violating natural justice. With respondents agreeing to consider her explanation and afford a hearing, the court disposed of the petition directing respondent No.5 to complete the enquiry within four weeks per FAHRP 2013.

What did the court decide?

Respondent No.5 directed to conclude enquiry within four weeks as per FAHRP 2013 and pass appropriate orders; no costs.

Kakanuru Nirmalamma Vs the State of Andhra… — Service and Employment | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI

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(Special Original Jurisdiction)

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MONDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 20935 OF 2024

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Between:

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Kakanuru Nirmalamma, W/o. K. Jagadeeswara Reddy, Aged^about41 years, Occ Filed Assistant, R/o. Deebaguntia village, GospaduMandal, Kurnool District, Andhra Pradesh - 518502.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

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The Commissioner, Rural Development/State Programme^Coordinator of Mahatma Gandhi National Rural Employment Guarantee^Scheme (MGNREGS) Vijayawada, Krishna District.

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The Chief Executive Officer and Director, Society For Rural Development Services, Charithasri Building, 5th floor, 29-6-6/1, Nakkala Road, Vijayawada -2, Krishna District.

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The District Collector/District Programme Coordinator, Kurnool, Kurnool District.

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The Project Director, District Water Management Agency (DWMA), Nandyal, Nandyal District.

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The Mandal Parishad Developmental Officer, Programme Officer, EGS, ' Gospadu Mandal, Nandyal District.

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The Deebaguntia Gram Panchayath, Rep. by its panchayath secretary, Deebaguntia grampanchayath, Gospadu Mandal Nandyal^District.

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...RESPONDENTS

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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 nature of Writ of Mandamus declaring the action of the Respondents more particularly the action of the Respondent no. 5 in placing the petitioner under suspension vide R.C. No. 139/HRM/MEMO/2023 dated 23-08-2024 on the very same day of issuance of show cause notice dated 23-08-2024 without giving any opportunity of hearing/explanation to the show cause notice dated 23-08-2024 to the petitioner is highly illegal, arbitrary, unfair, unreasonable, capricious and contrary to Principles of natural justice apart from violation of Article 14, 16, 19 and 21 of the Constitution of India and consequently set aside the suspension order of the petitioner vide R.C. No. 139/HRM/MEMO/2023 dated 23-08-2024 issued by the Respondent no.5 and reinstate the petitioner back in service as field assistant in the interest of justice.

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lA NO: 1 OF 2024

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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 operation of suspension order of the petitioner vide R.C. NO.139/HRM/MEMO/2023 dated 23-08-2024 issued by the

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' J

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Respondent no.5 and permit the petitioner herein to discharge her services as field assistant, Deebaguntia gram panchayath, Gospadu^mandal.

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Counsel for the Petitioner: SRI V NITESH

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Counsel for the Respondent No.1: GP FOR SERVICES IV

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Counsel for the Respondent No.4: GP FOR REVENUE

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Counsel for the Respondent Nos. 2, 3 & 5: SRI MSR CHANDRA MURTHY

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Counsel for the Respondent No. 7: SRI K M KRISHNA REDDY

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Counsel for the Respondent No.6: SMT. B V APARNA LAKSHMI

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The Court made the following: ORDER

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APHC010404552024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331] (Special Original Jurisdiction)

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MONDAY ,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 20935/2024

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Between:

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Kakanuru Nirmalamma ...PETITIONER

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AND

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The State Of Andhra Pradesh and Others ...RESPONDENT{S)

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Counsel for the Petitioner:

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1.VNITESH

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Counsel for the Respondent{S):

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1.GP FOR SERVICES IV

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The Court made the following:

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O R D E R

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The writ petition is filed seeking the following relief:

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“...to issue a Writ, Order or direction, more particularly^one in nature of Writ of Mandamus declaring the action of the Respondents more particularly the action of the Respondent No.5 in placing the petitioner under suspension vide R.C.No.139/HRM/MEMO/2023 dated 23.08.2024 on the very same day of issuance of show cause notice dated 23.08.2024 without giving any opportunity of hearing/explanation^{totheshowcause} notice dated 23.08.2024 to the petitioner is highly illegal, arbitrary, unfair, unreasonable, capricious and contrary to Principles of natural justice apart from violation of Article 14, 16, 19 and 21 of the Constitution of India and consequently set aside the suspension order of the petitioner vide R.C.NO.139/HRM/MEMO/2023 dated 23.08.2024 issued by the

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Respondent No.5 and reinstate the petitioner back in service as field assistant in the interest of justice and to pass such^{otherorder...”}

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Heard Sri.CH.Karthik, learned counsel representing on behalf of Sri V.Nitesh, learned counsel for the petitioner, Sri.R.S.Manidhar Pingali, learned Assistant Government Pleader for Services for respondent No.1, Sri M.S.R.Chandra Murthy, learned Standing counsel for respondent Nos.2 to 5 and Smt B.V.Aparna Laxmi, learned Standing counsel for respondentNo.6.

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The petitioner, appointed as Field Assistant under Mahatma^Gandhi National Rural Employment Guarantee Scheme (MGNREGS), working at Deebaguntia Gram Panchayat, Gospadu Mandal, Nandyal District, was placed under suspension vide R.C.No.139/HRM/MEMO/2023 dated 23.08.2024 (Ex.P.1). On the same day show cause notice (Ex.P.2) was issued to the petitioner without giving any opportunity of hearing/explanation to the petitioner.

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Learned counsel for the petitioner would submit that the copy show cause notice and suspension orders were received by the petitioner on 28.08.2024. The petitioner submitted an explanation by registered post, which was received by the respondent authority on 30.08.2024. 5. Sri M.S.R.Chandra Murthy, learned Standing counsel^{wouldsubmitthat} the petitioner's explanation be considered. He also^would submit that the petitioner will be afforded an opportunity of hearing as per Field Assistants Human Resource Policy (FAHRP), 2013.

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Given the facts and circumstances of the case, the^Writ Petition is disposed of, at the admission stage, with the consent of both the learned counsel directing respondent No.5 to conclude the enquiry within four (04) weeks as per Field Assistants Human Resource Policy (FAHRP), 2013 and pass appropriate orders. No order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.

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Sd/-M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY//

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To,

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SECTION OFFICER

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The Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

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The Commissioner, Rural Development/State Programme^Coordinator of Mahatma Gandhi National Rural Employment Guarantee^Scheme (MGNREGS) Vijayawada, Krishna District.

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The Chief Executive Officer and Director, Society For Rural Development Services, Charithasri Building, 5th floor, 29-6-6/1, Nakkala Road, Vijayawada -2, Krishna District.

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The District Collector/District Programme Coordinator, Kurnool, Kurnool District.

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The Project Director, District Water Management Agency (DWMA), Nandyal, Nandyal District.

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The Mandal Parishad Developmental Officer, Programme Officer, EGS, Gospadu Mandal, Nandyal District.

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The Panchayat Secretary, Deebaguntia Gram Panchayath, Deebaguntia grampanchayath, Gospadu Mandal Nandyal^District.

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^X^One CC to Sri V Nitesh Advocate [OPUC]

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Two CCs to GP for Services IV, High Court Of Andhra Pradesh. [OUT]

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Two CCs to GP for Services IV, High Court Of Andhra Pradesh. [OUT

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One CC to Sri MSR Chandra Murthy Advocate [OPUC]

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One CC to Sri K M Krishna Reddy Advocate [OPUC]

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One CC to Smt. B V Aparna Lakshmi Advocate [OPUC

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Three CD Copies

HIGH COURT

DATED:23/09/2024

ORDER

WP.No.20935 of 2024

10 OCT 202^
o to,
. Current Section

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DISPOSING OF W.P. AT THE ADMISSION STAGE, WITHOUT COSTS

Kakanuru Nirmalamma v. the State of Andhra Pradesh

Case brief

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Kakanuru Nirmalamma v. the State of Andhra Pradesh

Case brief

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