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APHC010151302024 IN THE HIGH COURT OF ANDHRA PRADESH

[3208]

AT AMARAVATI (Special Original Jurisdiction)

MONDAY,THE SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX

PRESENT THE HONOURABLE SRI JUSTICE D RAMESH

WRIT PETITION NO: 7838/2024 Between:

1. G UMA MAHESWARA RAO, S/O MALLESWARA RAO, AGED 33 YEARS, OCC WATCHMAN, R/O. BHEMUNIPALEM VILLAGE, ADAPAKA PANCHAYAT,

LAVERU MANDAL, SRIKAKULAM DISTRICT.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, AGRICULTURE AND COOPERATION (VIG.II) DEPARTMENT, SECRETARIAT, VELAGAPUDI,

AMARAVATI, GUNTUR DISTRICT.

2. COMMISSIONER AND DIRECTOR OF AGRICULTURE MARKETING, AGRICULTURAL MARKETING DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, CHUTTUGUNTA CIR, MURIKIPETA, MAHARSHI

DAYANAND NAGAR, GUNTUR DISTRICT - 522003.

3. REGIONAL JOINT DIRECTOR OF MARKETING, AGRICULTURE MARKETING DEPARTMENT, NAD JUNCTION, GOPALAPATNAM, VISAKHAPATNAM

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DISTRICT.

4. DEPUTY DIRECTOR OF MARKETING, AGRICULTURE MARKETING DEPARTMENT, NAD JUNCTION,

GOPALAPATNAM, VISAKHAPATNAM DISTRICT.

5. DISTRICT AGRICULTURAL TRADE AND MARKETING OFFICER, AGRICULTURE MARKETING DEPARTMENT, AMPOLU MARKET YARD/COMMITTEE, AMPOLU

VILLAGE, GARA MANDAL, SRIKAKULAM DISTRICT.

6. THE SECRETARY, AGRICULTURE MARKET COMMITTEE, AGRICULTURE MARKETING DEPARTMENT, ETCHERLA AGRICULTURE MARKET COMMITTEE, BUDUMURU, LAVERU MANDAL,

SRIKAKULAM DISTRICT - 532403.

7. THE ANDHRA PRADESH CORPORATION FOR OUTSOURCED SERVICES APCOS, REP. BY ITS MANAGING DIRECTOR, II FLOOR, NTR ADMINISTRATIVE BLOCK, PN BUS STATION, VIJAYAWADA, KRISHNA DISTRICT, (ERSTWHILE NTR

DISTRICT).

8. DISTRICT COLLECTORCUMCHAIRMAN, ANDHRA PRADESH CORPORATION FOR OUTSOURCED

SERVICES (APCOS), SRIKAKULAM DISTRICT.

...RESPONDENT(S):

Counsel for the Petitioner:

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

1. G.N.UMA RANI (STANDING COUNSEL FOR AMC)

2. GP FOR SERVICES II

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3. GP FOR COOPERATION

The Court made the following:

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THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.7838 of 2024

ORDER:

The present writ petition is filed seeking the following relief:

“….to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings in Memo.No.AGCO1- MKTG/356/Vig.II/2023, dt.08.02.2024 issued by the 1^st respondent and Proceedings No.AGC05-16021/53/2024, dt. 18.02.2024 passed by the 2^nd respondent thereby surrendered petitioners service to the 7^th Respondent Corporation and consequential proceedings in Roc.No.96/A/2023, dt. 22.02.2024 issued by the 5^th respondent who requested the 7^th respondent to terminate the petitioner’s services as Watchman working on outsourcing basis in Etcherla Agriculture Market Committee at Budumuru market yard in Laveru Mandal of Srikakulam District, without issuing any Charge Memo, without conducting any enquiry and without passing any 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. 08.02.2024, 18.02.2024 and 22.02.2024 and direct the respondents to reinstate the

petitioner into service for the said post….”

2. The petitioner was appointed as Watchman in the office of Agricultural Market Committee at Budumuru market yard in Srikakulam District on outsourcing basis in the year 2019. The

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petitioner’s services were engaged through the 7^th respondent- Corporation and he has been peacefully discharging duties without

any complaint from anybody.

3. While so, it was alleged that the then in-charge Secretary of Agricultural Market Committee at Etcherla has resorted to misappropriation of funds of Agricultural Market Committee and against the said Secretary, a Crime No.219 of 2023 dated 24.08.2023 was registered, in which the petitioner’s name was falsely implicated alleging that an amount of Rs.2,08,00,130/- was transferred from Etcherla Market Committee fund

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