APHC010151362024

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3460]

(Special Original Jurisdiction)

WEDNESDAY,THE THIRTIETH DAY OF JULY

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO: 7859/2024

Between:

1. S ANIVARAPU MADHUSUDHAN REDDY,, S/O LATE S. RANGA

REDDY, AGED- 23 YEARS, OCC- DATA ENTRY OPERATOR (REMOVED), R/O. WARD NO.93, INDIRA NAGAR, NEAR RIMS, CHINTHAKOMMADINNE, MAMILLAPALLI POST, YSR KADAPA

DISTRICT - 516004.

...PETITIONER

AND

1. S TATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL

SECRETARY TO GOVERNMENT, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI,

AMARAVATI, GUNTUR DISTRICT.

2. D IRECTOR GENERAL, DRUGS AND COPYRIGHTS, DRUGS

CONTROL ADMINISTRATION, GOVERNMENT OF ANDHRA PRADESH, SMC (SIDDARTHA MEDICAL COLLEGE) CAMPUS, VIJAYAWADA, KRISHNA DISTRICT, (PRESENTLY NTR DISTRICT),

PIN - 520 008.

3. A SSISTANT DIRECTOR, DRUGS CONTROL ADMINISTRATION,

MEDICAL AND HEALTH DEPARTMENT, PLOT NO.70, RK NAGAR COLONY, OPP- DOUGLAS HIGH SCHOOL, SRIKAKULAM TOWN,

SRIKAKULAM DISTRICT - 532001.

4. D RUGS INSPECTOR AND DISTRICT DRUGS CONTROL OFFICER,

DRUGS CONTROL ADMINISTRATION, MEDICAL AND HEALTH DEPARTMENT, OPP- BHASKARA GRAND HOTEL, BYPASS ROAD, PARVATHIPURAM, PARVATHIPURAM MANYAM DISTRICT, PIN-

535501.

...RESPONDENT(S):

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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings in Rc.No.23851919/E2/2024, dt. 15.03.2024 passed by the 2nd respondent thereby removed the Petitioner from the post of Data Entry Operator working in the office of the 4th respondent without considering the explanation submitted to the show cause notice dt. 29.01.2024, without conducting enquiry and without passing speaking order as illegal, irregular, arbitrary, violative of principles of natural justice and offends Articles 14 and 21 of the Constitution of India and consequently set aside the proceedings dt. 15.03.2024 and direct the respondents to reinstate the Petitioner into service for the said post and pass IA NO: 1 OF 2024 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 may be pleased to suspend the operation of proceedings in Rc.No.23851919/E2/2024, dt. 15.03.2024 passed by the 2nd respondent and consequently direct the respondents to continue the Petitioner in the post of Data Entry Operator working in the office of 4* respondent, pending disposal of the main writ petition and pass Counsel for the Petitioner:

1. SRINIVAS AMBATI Counsel for the Respondent(S):

1. GP FOR SERVICES IV HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.7859 of 2024

ORDER:

The present writ petition is filed questioning the proceedings dated

15.03.2024 passed by Respondent No.2, removing the Petitioner from the post of Data Entry Operator from the office of Respondent No.4, pursuant to show cause notices dated 29.01.2024 and 13.02.2024 without conducting any enquiry as illegal and arbitrary.

2. The facts leading to the filing of the writ petition are as follows:

The Petitioner was appointed as Data Entry Operator through an outsourcing agency, Siva Saketh Management Consultants, on 01.12.2016 and was posted in the office of Respondent No.2 for a period of one year and thereafter his services were being extended from time to time. In the year 2019, the Petitioner was added in Andhra Pradesh Corporation for outsourced Services (APCOS). From then onwards, the Petitioner was discharging duties as Data Entry Operator. Respondent No.2, vide proceedings dated 23.01.2024, the Petitioner was posted as Data Entry Operator in the office of Respondent No.4.

3. As the Petitioner was unwell, he sought medical leave for a period of 10 days. On that count, a show cause notice was issued vide Rc.No.Spl.SCN/AS/D1/PVP Mnayam/2