Andhra Pradesh High Court - Amravati
Jayavarapu Naga Venkata Rao vs The Chief General Manager on 12 August, 2024
XM RQ MR IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAYR MONDAY, THE TWELFTH DAY OF AUGUST NS & ae ws TWO THOUSAND AND TWE ENTY POUR /PRESENT: THE HONOURABLE SRI JUSTICE SUBBA REDDY SATT! WRIT PETITION NO: 17656 OF 2904 Between: Jayavarapy Naga Venkata Rao, S/o.Kalamaswamy, D.No. 158/44, Ramalayam Si, Narendrapainam Vilage Jaggamneta 593435, Kakinada istrict, Fetitioner 1. The Chief General } Manager, HRD. APEP Dc "L, CO, Visakhapatnam, =. The Superintending Engineer, Operation Circle, APEPOCL, Rajahmundry, E.G Dist oe, The Executive Engineer, Operation APEPDCL, Jaggampeta CHvision, Kakinada district 4. The Deputy Executive Engineer, Operation, APEPNC GL, Jaggampeta, Kakinada district . 5. The Asst. Executive Engineer, APEPOCL. jaggampeta Sector Kakinada district 8. Kranthi Constructions Cc: vi, Electrical and Transport Contractor, Rep by fis managing Partner TodetiNevadanam. Ryo. O.No. 2-169, Kothapeta, BOMMURU, Raja} smundry Rural, E.G Dist, - 833704 The State of Andhra Pradesh, Rep by Principal Secretary, ilnnergy cond Department, Secretariat, Velagapudl, Amaravati, Guntur, Distret Respondents Petition under Article 236 5 of the Constitution of Incis is Hed praying that in the clrcumstannes stated in the affidavit fled there) ih, the High Court may be pleased to issue an appropriate Writ, order or dire GA Mare particularly one In the nature of a Wrt of Mandamus deciarin ng the action of ard saheosooer fustice as alsa contrary fo Articles 14 and 1Of1 "FP YE Ve respondent im oissuing proceedings dated 25-07-2084 in letfer in PNG EEVQUPTICASHUAQUAT/O No 1854/2024 and the consequential proceedings dated 36- OF- 2024 issued by the €th respondent removing me from the service as Shift o gperator, APEPDCL without giving me an opportunity of hearing, as egal, arbitrary, null and void and violative of principle satural Hig) of Constitution of india and quently SET-ASIDE the praceedings dated 20-07-2024 in ietier in Be 4 against to the settled princimies of law and fo conse Ln Ne bE/QUPTCASHUAOLIAT/O. No. 154/2024 issued by as respondent by permiiiing me to render my services usual. iA NO: 9 OF 2024 - Petition under Section 151 of CPO is Hed praying fhat in the crcurnsiances slated in the affidavit fled In Support of the petition, the High Gourt may be pleased to suspend the operation of proceedings dated' 35-07- Jee in letter in LrNo EE AQUIPTICASH AAO UAVD.NO.154/2084 issued by 3rd respondent by permilling me to render my services as usual, Pending disposal of WP 17655 of 2024, on the fle of the High Court, The petition coming on for hearing, upon perusing the Pelition and the Hidavit flecl In support thereof and upon reais the arguments af SRI VUAYA KUMAR SATA Advocate for the Pefitianer and of SRI METTA CHANDRA SERHAR, Standing Counsel for the Respondent Nos. to 5 and of OP FOR SERVICES-| for the Respondent No.7, the Court made the following ORDER:
"Sti Metta Chandra Sekhar Rac, learned slanding counsel for APEPDCL takes notice on behalf of respondents 1 to § and offers to fle yakaiat.
Learned Government Pleadar for Services-d takes notice on behalf of respondent No. Heard.
MEOR DIANE Petitioner, a contract employse filed the above writ petition to declare the action of respondent No.3 in issuing proceedings vide Lr. No. EE/OUPTICASH / JAO / JAV/D.No. 1584/2024, dated 25.07 2024 and the consequential proceedings issued by respondent No.6, terminating the services of the petitioner as Shift Operater, APEPDCL, at 3891 KV Sub- stations, as legal and arbitrary.
Learned counsel for the petitioner would submit that, without issuing any show cause notice, the services of the petitioner were terminated by respondent No.6 acting upon Ieffer, dated 25.07.2084 _ addressed by respondent No.3 under Ex.Pt. Learned standing counsel on the other hand would submit that there is no employee and employer relationship between the petitioner and respondents 1 to § and hence, this writ petition is not maintamabie. in the normal course, this Court would not have entertained this writ petition, had the order been passed by respondent No.6. However, in the case at hand, acting upon the letter addressed by respondent Nod, Executive Engineer, directing respondent Nos, contractor, to remove the petitioner as Shift Operater, due to gross negligent attitude in discharging his legitimate duties, respondent No.6 passed the termination order. The basis for issuance of letter by respondent No.3 is the complaints received by the villagers. in para No.l of the letter addressed by respondent No.3 to the Contractor, if was mentioned as under:
"... on their duties and responsibilities, they are not affending the duties and not responding to the consumer complaints and they are suffering with power supply interruptions and on detailed imspection, they are nol answering properly an consumer complaint calis and also representation recelved by the local consumers. The conmaint alsa raised by the local political leaders and Hon'ble MLA sir. And further, the deputy Executive Enginser/OSD) Jaggampeta recommended to surrender the above 2 shift operators fo the contractor,"
SRR Thus, af the behest of respondent Nog, respondent No.8, confractor removed the petitioner as shift operator by attributing stiama. in such a case, the petitioner would Aave been issued show cause notice, in the facts and circumstances of the case, this Court desms i appropriate to suspend the proceedings Issued by respondent No.3 fo respondent No.§.
Accordingly the proceedings Issued by respondent No.3 vide Lr. No GEAOUIPTICASH { JAO { JAT/D No.1 84/2024, dated 25.07.2024, hereby Stand suspendad, Lad ost 7 Fost on 09.99 3034,"
K.LRAJA BABU ASSISTANT REGISTRAR TRUE COPY)! ~ For ASSISTANT REGISTRAR The Chief General Manager, HRD, APEPDCL, CO, Visakhapainam. ;
Yhe Superintending Engineer, Operation Circle, APEPOCL, Rajiahmundry., EG Uist The Executive Engineer, Oneration APEPOCL. ampeia Dhision, Kakinada district The Depuly Executive Engineer, Qoeration, APEPDC L, Jaggamneta. wt Makinada district The Asst. Executive Engineer, APEPDCI. iaggampeta Section Kakinada distr The Managina § Mariner Todseti Devadanam Kranihi Constructions Civil, Electrical anc Transport Contractor, Ryo, O.No.2-169, Kothapeta, BOMMURU, Rajahmundry Rural, E.G Nest. - S85794 oo ¢ VQ.
14. adesh, . The Principal Secretary, Eneray Department, State of Andhra Prade Secretariat, Velagapucll, Amaravati, Guntur, District {Addresses 1 tof by RPAD) One CC io SRI VIUAYA KUMAR SATA Advacate [(OFUC] One CC io SRE METTA CHANDRA SEKHAR, Standing Counsel. PORPUCI Two CCs to GP FOR SERVICES-I, High Court of Andhra Pradesh. [OUT] One spare copy.
ER GH COURT Hi SRS, J DATED: 28/2024 POST ON 08.09 2024 ORDER WP.No.T 7686 of 2024 OE .
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