Point of Law: Article 226 of Constitution of India is plenary in nature and is not limited by any other provision of the Constitution.

ORDER :

This petition is filed under Article 226 of the Constitution of India claiming the following relief:-

“to issue a writ order or direction more particularly one in the nature of WRIT OF CERTIORARI, to call for the records relating to the impugned order passed by the 1st respondent in Procs.No. 4131/CRD/SPM(DM)/278/2012, dated 28.09.2012 confirming the orders passed by the 2nd respondent dated 16.03.2012 vide Procs.R.C.No.D4/141/2011 and to quash the same as being illegal, arbitrary and to grant such other relief or reliefs….”

2. The case of the petitioner is that he was joined as Technical Assistant in Racharla Mandal on contract basis under Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) on 23.05.2009. Since then he has been discharging his duties with utmost satisfaction of all his superiors and there are no complaints or adverse remarks against him during his tenure of service. However, the 2nd respondent issued a show cause notice bearing Rc.No.D4/141/2011, dated 14.03.2011 alleging that in the social audit conducted from 11.12.2010 to 23.12.2010, the petitioner has committed certain irregularities in maintaining records and thereby misappropriated an amount of Rs.29,705/- and Rs.5,33,120/- along with another Field Assistant viz Mr. V.Keshav and Technical Assistant B.Kishore and called for his explanation. Thereafter the petitioner has submitted his explanation by duly enclosing all the relevant documents stating that entire work has been done by engaging the labourers and the amounts were credited into the accounts of the beneficiaries through the concerned post office. It is relevant to state that the concerned coolies who attended the work also submitted a letter to the 2nd respondent stating that they were engaged as coolies for the above said work and the amounts were paid to them.

It is also stated that the petitioner has not committed any mismanagement or misappropriate of funds and also two years were lapsed after completion of the work during which period heavy rain fall was recorded at 1200 mm and due to Jal and Laila cyclones the agricultural lands were totally damaged and the ponds were destroyed due to which the agricultural lands were covered with sand and as a matter of fact the farm pond works and disilting works were also damaged due to heavy sand coverage due to the said rain fall. It is stated that the second term social audit was conducted from 11.12.2010 to 23.12.2010 as per the measurements by the social audit team it was taken as 9.60x9.80x0.30=28.224 M3 but as per the M-Book it is recorded as 9.60x9.50x0.78=71.02 M3 as per the said calculation the social audit team placed allegation against the petitioner. It is stayed that the petitioner placed all the material before the social audit team as well as project director and with the appeal but the authorities without considering the records made the petitioner responsible for the natural calamities. A Circular is issued vide No.653/EGS/ PM(Q.C)/2008, dated 05.04.2010 to maintain the tractor watch book, but it is specifically mentioned that the petitioner has not maintained the tractor watch book and in fact till the date of receiving circular nobody maintained the same and they have entered the details in the M.Book.

It is further stated that the 2nd respondent without considering the explanation of the petitioner and without affording any opportunity to him, issued orders in RC No.D4/141/2011, dated 16.03.2012 removing the petitioner from service and ordered for recovery of the amount of Rs.1,62,986/- without even ascertaining as to how the said amount was said to have been misappropriated. Being aggrieved by the order dated 16.3.2012, the petitioner preferred appeal before the 1st respondent on 19.04.2012. However, the 1st respondent without conducting any enquiry and without recording the statements of the villagers who have submitted their requisition stating that the petitioner has not involved in any sort of misappropriati