Disposed¶57

V. Kondaiah v. State of Andhra Pradesh

Andhra Pradesh HC13 Aug 2025WP/21353/2025

Case brief

AI extract

What is this about?

Field Assistant suspension; MGNREGS; social audit; tampered Social Audit report; job card irregularities; Suspension Order-cum-Show Cause Notice; clause 13(B)(2); Clause 13(B)(5); 30-day enquiry timeline; Field Assistants Human Resource Policy; reinstatement; writ of mandamus; Article 226; Articles 14 and 21; due opportunity of hearing; co-ordinate Bench W.P.No.16643 of 2025; disposal in terms of earlier order; YSR Kadapa; Palugurallapalle Gram Panchayat; B. Matam Mandal; no costs.

What did the court decide?

Direction to the Respondent Authorities to reinstate the Petitioner into service and to conclude the enquiry within three (3) weeks from receipt of copy of the order after providing due opportunity of hearing; no order as to costs; pending applications, if any, stand closed. ¶57

V. Kondaiah Vs State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the suspension of the Petitioner from the post of Field Assistant, Palugurallapalli Gram Panchayat on the basis of tampered Social Audit report, without any show cause notice as specified under clause 13(B)(2), is illegal and arbitrary. +1 more

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Ratio / Principle

Without going into the issues urged by the Respondent counsel, the Court disposed of the Writ Petition in terms of W.P.No.16643 of 2025, directing the Respondent Authorities to reinstate the Petitioner into service.

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Key takeaways

The enquiry shall be concluded after providing due opportunity of hearing to the Petitioner within a period of three (3) weeks from the date of receipt of copy of the order.ratio¶59

Detailed headnote1 paragraphs

Andhra Pradesh High Court at Amaravati (Nyapathy Vijay, J.) disposed of W.P. No. 21353 of 2025 (decided 14.08.2025) filed by V. Kondaiah, Field Assistant, Palugurallapalle Gram Panchayat, B. Matam Mandal, YSR Kadapa District, challenging his suspension vide R.C.No.C9/283/B.Matam(Man)/18SA/2025 dated 26.03.2025 issued by Respondent No.3 on the ground of job card irregularities found in social audit, without show cause notice as specified under clause 13(B)(2) of the Field Assistants Human Resource Policy. Counsel contended that the enquiry not being concluded within the 30-day period under Clause 13(B)(5) entitled the Petitioner to reinstatement, relying on a co-ordinate Bench order in W.P.No.16643 of 2025. Without going into the issues urged by the Respondent counsel (including maintainability and the contention that the guidelines are not statutory), the Court disposed of the Writ Petition in terms of W.P.No.16643 of 2025, directing reinstatement of the Petitioner and conclusion of the enquiry within three (3) weeks after providing due opportunity of hearing. No order as to costs; pending applications closed.

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V-'

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APHC010409092025

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IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction)

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THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 21353 OF 2025

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Between:

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V. Kondaiah, S/o Kpndaiah, Aged 40 years, Occ- Field^Assistant, R/o Palugurallapalle Village, Brahmamgari Matam Mandal, YSR Kadapa District.

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...Petitioner

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AND

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

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District Collector and District Program Coordinator,^MGNREGS,YSR Kadapa District.

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Project Director cum AddI District Program Coordinator, District Water Management Agency, YSR Kadapa District.

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Mandal Parishad Development Officer MPDO, MGNREGS, Mandal Praja Parishad ,B. Matam Mandal YSR Kadapa 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^{oneinthenature} of Writ of Mandamus declaring the suspension order of the 3rd respondent

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Vide R.C.NoC9/283/B.Matam(Man)/18SA/2025 dated 26.03.2025, thereby suspending the petitioner from the post of Field Assistant, Palugurallapalli Gram Panchayat on the basis of tampered Social Audit report, without any show cause notice as specified under clause 13(B)(2) as illegal, irregular, irrational and arbitrary and violative of Articles^14and21 of Constitution of India and consequently suspend the suspension order of the 3rd respondent vide R.C.NoC9/283/B.Matam(Man)/18SA/2025 dated 26.03.2025.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to suspend the suspension order of the 3rd respondent vide R.C.No:C9/283/B.Matam(Man)/18SA/2025 dated 26.03.2025 thereby suspending the petitioner as Field Assistant of Palugurallapalli Village, Brahmamgari Matam Mandal, YSR Kadapa District pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI M SOLOMON RAJU

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

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Counsel for the Respondent NOs.2 & 3: SRI M S R CHANDRA MURTHY Counsel for the Respondent No.4: M/S B V APARNA LAKSHMI

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The Court made the following order:

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[3460]

APHC010409092025

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

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THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO:

Between:

V. Kondaiah

...PETITIONER

AND

State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.M SOLOMON RAJU

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Counsel for the Respondent(S):

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1.GP FOR SERVICES I

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The Court made the following:

t: V

THE HON’BLE SRI JUSTICE NYAPATHY VIJAY

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W.P.No.21353 of 209fi

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ORDER:

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The present Writ Petition is filed to declare the suspension order of the 3^"^ respondent vide R.C.NoC9/283/B .Matam(Man)/ 18SA/ 2025 dated 26.03.2025, thereby suspending the Petitioner from the post of Field Assistant, Palugurallapalli Gram Panchayat on the basis of tampered Social Audit report, without any show cause notice as specified under clause 13(B)(2) as illegal and arbitrary.

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The facts leading to the filing of the case are as follows:

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The Petitioner is working as Field Assistant in Palugurallapalle Gram Panchayat, B. Matam Mandal for the last seven years. While so, on 26.03.2025 he received a Suspension Order-cum-Show Cause Notice from Respondent No.3 stating that there are job card irregularties found i in social audit and therefore, keeping the Petitioner temporarily out of employment as Field Assistant and sought for explanation.

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It is the contention of the learned counsel for the Petitioner that a? the enquiry proceedings were not concluded within the

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time specified in Clause 13 (B)(5) of the Field Assistants Human Resource Policy i.e. 30 days, the Petitioner is entitled to be reinstated into service. The counsel also relied on an order passed in similar circumstances by a co-ordinate Bench of this Court in W.P.No.16643 of 2025.

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Learned standing counsel Sri M.S.R.Chandra Murthy, submits that the enquiry would be initiated soon and the same would be concluded within three weeks. The further contention is that the guidelines are not statutory and even otherwise no consequence is stated for non-compliance of the time frame of 30 days and therefore, the same cannot be said to be mandatory. The maintainability of the writ petition was also urged as the nature of job of the Petitioner is akin to Labour.

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Having heard the respective counsel, this Court, without going into the issues urged by the Respondent counsel, is inclined to dispose of the Writ Petition in terms of W.P.No.16643 of 2025 with a direction to the Respondent Authorities to reinstate the Petitioner into service and conclude the enquiry after providing due opportunity of hearing to the Petitioner^withina

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period of three (3) weeks from the date of receipt of copy of this

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order. No orderas to costs.

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As a sequel, pending applications, if any, shall stand

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closed.

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Sd/-V.DIWAKAR //TRUE COPY// DEPUTY REQISTRAR

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