D. Nani Vs The State of Andhra Pradesh

Writ Appeal under clause 15 of the Letters Patent to set aside the order of the learned single judge passed in W.P.No.27400 of 2024, Dt.11.12.2024 by allowing the present Writ Appeal and pasS

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Between:

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D. NANI, S/O D. CHITTI BABU, AGED 38 YEARS, PANCHAYAT SECRETARY GR.L, VALLURU GRAM PANCHAYAT, ACHANTA MANDAL, WEST GODAVARI DISTRICT, R/O MARKET STREET, ACHANTA, WEST GODAVARI DISTRICT.

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...APPELLANT

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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 BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, PVC ICON BUILDING, TADEPALLI, GUNTUR DISTRICT.

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THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM.

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THE DISTRICT PANCHAYAT OFFICER, WEST GODAVARI DISTRICT, BHIMAVARAM.

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THE DIVISIONAL PANCHAYAT OFFICER, NARASAPURAM, WEST GODAVARI DISTRICT.

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THE EXTENSION OFFICER PR AND RD, ACHANTA MANDAL, WEST

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2

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...RESPONDENT(S):

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GODAVARI DISTRICT.

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IA NO: 1 OF 2025

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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 pleased to dispense with the filing of certified copy of order passed in W.P.No.27400 of 2024, Dt.11.12.2024 and pass

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IA NO: 2 OF 2025

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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 pleased to suspend the operation of the order Dt.11.12.2024 in W.P.No.27400 of 2024 and pass

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Counsel for the Appellant:

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1.MANOJ KUMAR BETHAPUDI

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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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THE HON’BLE SRI JUSTICE BATTU DEVANAND

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&

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THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA

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WRIT APPEAL No.43 of 2025

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JUDGMENT: (Per Hon’ble Sri Justice Battu Devanand)

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Heard both sides. Perused the record.

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This Writ Appeal has been filed against the order of the learned Single Judge dated 11.12.2024 in W.P.No.27400 of 2024, wherein the writ petition filed by the appellant has been dismissed.

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The writ petition has been filed against the proceedings of the respondent No.2 dated 21.10.2024, suspending the appellant herein pending the enquiry. After considering the submissions made by respective counsels appearing on either side, the learned Single Judge was pleased to dismiss the writ petition. Aggrieved by the same, the present writ appeal is filed.

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On 21.01.2025, when this Writ Appeal came up for admission, a Division Bench of this Court stayed the learned Single Judge order to the extent of suspending the appellant as Gram Panchayat Secretary Grade-I without there being any interference to the continuation of enquiry and other disciplinary proceedings of the respondent No.2 against the appellant. This Court also made it clear that uninfluenced by the observation made in the said order, the enquiry officer shall proceed with the enquiry in accordance with law, giving due opportunity to the appellant. This Court directed the

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respondents to reinstate the appellant forthwith and directed the appellant to cooperate with the disciplinary proceedings.

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It is brought to the notice of this Court by the respective counsels appearing on either side that in the light of the interim order passed by this Court on 21.01.2025, the petitioner/appellant has been reinstated into service.

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Learned Government Pleader appearing for the respondents would submit that they are proceeding with the enquiry against the petitioner/appellant as per the articles of charges framed on 18.10.2024.

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In view of the above factual position and as the Division Bench of this Court passed interim order on 21.01.2025, considering all issues and issued directions in accordance with law, in our considered view, no further adjudication is required in the present case.

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