K v S S N Rajasekhar Vs the State of Andhra Pradesh

K V S S N RAJASEKHAR, S/O. K.NAGESWARA RAO, AGED 52 YEARS, OCC PANCHAYAT SECRETARY (GRADE-I), R/O. D.NO.3-77/1, GHANAPATI VARI STREET, MARUTHI CENTER, KOTHAPETAVILLAGE, KOTHAPETA MANDAL, EAST GODAVARI DISTRICT.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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

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THE DISTRICT COLLECTOR PANCHAYAT WING, EAST GODAVARI DISTRICT AT RAJAMAHENDRAVARAM.

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2

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THE DISTRICT PANCHAYAT OFFICER, EAST GODAVARI DISTRICT AT RAJAMAHENDRAVARAM.

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THE DIVISIONAL PANCHAYAT OFFICER, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT.

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THE MANDAL PARISHAD DEVELOPMENT OFFICER, RAJAMAHENDRAVARAM RURAL MANDAL, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT.

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THE EXTENSION OFFICER PR AND RD, RAJAMAHENDRAVARAM RURAI MANDAI, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT.

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THE EXTENSION OFFICER PR AND RD, SEETHANAGARAM MANDAL SEETHANAGARAM, EAST GODAVARI DISTRICT.

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...RESPONDENT(S):

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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 or order or direction more particularly one in the nature of writ of mandamus declaring the action of Respondent No.2 in issuing the impugned Suspension Orders vide Proceedings No.2622175/CPR AND RD/B1/2024 dated 11.12.2024 conveyed to the petitioner in Lr.efiie.No.505172/2024-A2, dt.13.12.2024 by Respondent No.4, without issuing any prior notice, without following principles of natural justice and the due process of law as illegal, arbitrary, unconstitutional, unjust and violative of Principles of Natural Justice, Article 14, 16, and 21 of the Constitution of India, Consequently set-aside the impugned Suspension Orders vide

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Proceedings No.2622175/CPR AND RD/B1/2024 dated 11.12.2024 issued by Respondent No.2 and direct the respondents herein to reinstate the petitioner into services as Panchayat Secretary (Grade-I) at Hukumpeta Gram Panchayat, Rajamahendravam Rural Mandal, East Godavari District and pass

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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 to suspend the impugned "Suspension Orders" vide Proceedings NO.2622175/CPR&RD/B1/2024 dated 11.12.2024 issued by Respondent No.2 and reinstate the petitioner into services as Panchayat Secretary (Grade-I), at Hukumpeta Gram Panchayat, Rajamahendravam Rural Mandal, East Godavari District, pending disposal of the above writ petition and pass such other order.

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Counsel for the Petitioner:

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1.DODDAKA HARSHA VARDHAN

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Counsel for the Respondent(S):

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1.GP FOR SERVICES IV

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2.G SRINIVASULA REDDY (SC FOR ZPP MPP AND GP SERVICES)

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The Court made the following:

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THE HON’BLE SRI JUSTICE NYAPATHY VIJAY

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W.P.No.4758 of 2025

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O R DE R:

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The present Writ Petition is filed to declare the action of Respondent No.2 in issuing Proceedings No.2622175/ CPR & RD/ B1/ 2024, dated 11.12.2024, which was conveyed to the Petitioner vide Lr.efile.No.505172/2024-A2, dated 13.12.2024 by Respondent No.4, without issuing any prior notice, as illegal and arbitrary.

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Learned counsel for the Petitioner contended that the Petitioner had worked as in-charge Panchayat Secretary (Grade-I) at Raghudevapuram Gram Panchayat, Seethanagaram Mandal, East Godavari during the period from 29.01.2020 to 07.07.2022 while the alleged misappropriated amounts were for the period from 01.10.2023 to 30.06.2024. Therefore, the case of the Petitioner may be reconsidered.

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Learned Assistant Government Pleader would submit that case of the Petitioner would be reviewed in terms of G.O.Ms.No.84, Panchayat Raj & Rural Development (Mdl.II) Department, dated 24.02.2010.

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4. Taking note of the submissions of the learned Assistant

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Government Pleader, the Writ Petition is disposed of with the following directions;

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(i) The Respondents are directed to consider the case of the Petitioner in terms of G.O.Ms.No.84, Panchayat Raj & Rural Development (Mdl.II) Department, dated 24.02.2010 taking into consideration the fact that the Petitioner had worked in the respective station for the period from 29.01.2020 to 07.07.2022 while the alleged misappropriated amounts were pertain to the period from 01.10.2023 to 30.06.2024;

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(ii) No order as to costs.

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