High Court allowed Writ Petition No.8952 of 2021 seeking removal relief without cost, relying on a prior order dated 14.12.2022 in W.P.No.8642 of 2021.
Writ petition allowed under W.P.No.8642 of 2021; no order as to costs.
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::AMARAVATI (Special Original Jurisdiction)
THURSDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 8952 OF 2021
Between:
Girajala Seshaiah, S/o Nageswara Rao, aged 57 Ooerator cum Librarian, (under orders of removal), Hukumpet Grarn Panchayat Rajamahendravaram Rural, East Godavari DistrictR/o.Hukumpet Grama Panchayat, East Godavari District. ...Petitioner
AND
2 The Commissioner of Panchayat Ra Department, State of Andhra Pradesh, Tadepalli, Guntur District
Petition under Article 226 of the Constitution of India prayingthatin the circumstances stated in the affidavit filed therewith,theHighCourtmay direction more particularly one in the be pleased to issue a Writ, order or nature of Writ of Mandamus declaring the action of the respondentsherein in removing the petitioner from service vide impugned proceedings NO.47711/2017-A5 dated 07-07-2017 and consequential orders passed in Appeal vide Proc.No.880114/CPRandRD/ N3/2019, dated 11-01-2021 as highly illegal, arbitrary and without any charge memoorenquirywhichisin settle law and violation of Rule 20 of CCA Rules and contrary to the consequentially the Hon'ble Court may pleased to setaside the both
s
if
impugned orders dated 07-07-2017 and 11-01-2021 by granting all consequential monetary benefits including seniority
lA NO: 1 OF 2021
Petition under Section 151 CPC praying that in thecircumstances * .f j stated in the affidavit filed in support of the petition,theHighCourtmaybe pleased to suspend the impugned removal orders vide Proceedings No.47711/2017-A5, dated 07-07-2017 and consequentialorderspassedin Appeal vide Proc.No.880114/CPR&RD/N3/2019, dated 11-01-2021asthe impugned are passed in voilation of Rule 9 and 20 ofCCARulesanddirect the respondents to reinstate the petitioner into service
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition,theHighCourtmaybe pieased to grant leave to the respondents to file affidavitinWP.No.8952 of 2021
Counsel for the Petitioner: SRI M R TAGORE
Counsel for the Respondents No.1 to 4: GP FOR PANCHAYAT
The Court made the following: Order
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4
APHC010152002021
■1
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3310]
THURSDAY ,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 8952/2021
Between:
...PETITIONER Girajala Seshaiah,
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner;
1.M R TAGORE
Counsel for the Respondent(S):
1.GP FOR SERVICES IV
The Court made the following;
ORDER:
The Writ Petition is filed under Article 226 of theConstitutionofIndia
seeking the following relief;
" declaring the action of the respondents herein inremovingthe petitioner from service vide impugned proceedings No.47711/2017-A5,dated 07.07.2017 and consequential orders passed in Appeal vide Proc.No.880114/CPR&RD/ N3/2019, dated 11.01.2021 as highly illegal, arbitrary and without any charge memo or enquiry whichisincontrarytothe settle law and violation of Rule 20 of CCA Rules andconsequentiallythe Hon’ble Court may pleased to set aside the both impugnedordersdated
s
2
07.07.2017 and 11.01.2021 by granting all consequential monetary benefits including seniority and may pass such other order or orders ”
- Heard learned counsel appearing for the petitioner and learned Government Pleader for Services-IV. appearing for the respondents 1 to 4.
- Learned counsel for petitioner submits that the subject matter of this Writ Petition is squarely covered by the order dated 14.12.2022 passed by this Court in W.P.No.8642 of 2021.
- Learned Government Pleader does not refute the said submission.
- Following the same, this Writ Petition is also allowed in terms of the order passed in W.P.No.8642 of 2021, dated 14.12.2022. There shall be no order as to costs.
- Registry is directed to attach a copy of the order dated 14.12.2022 passed in W.P.No.8642 of 2021, to this order.
As a sequel, miscellaneous applications pending, if any. shall stand
closed.
Sd/- S.SRINIVASA PRASAD ASSISTANT REGISTRAR
//true copy//
SECTION OFFICER
To,
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6
HIGH COURT
DATED: 18/07/2024
ORDER WP.No.8952 of 2021
0 3 AUG » ij . Current Section
ALLOWING WP WITHOUT COSTS
1 issue framed by the court
Whether the writ petition regarding removal from service should be allowed based on the precedent in W.P.No.8642 of 2021.
Colour shows how this judgement treated each authority
W.P.No.8642 of 2021Followed¶50
Girajala Seshaiah
State of Andhra Pradesh
KMANMADHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
