JUDGMENT :

SANDEEP KUMAR, J. 

By way of this writ petition, the petitioner has prayed for the following reliefs:-

“i. For issuance of writ in the nature of Certiorari for quashing the order dated 25.04.2023 passed by the Respondent No.1 and communicated to the petitioner vide Gyapank No.1728131 dated 27.04.2023 whereby and where-under appeal has been dismissed as well as the order dated 01.12.2022 passed by the District Magistrate, Patna (Respondent No.2) and communicated to the petitioner vide Gyapank No.2080 dated 01.12.2022 whereby and whereunder the contract of the petitioner on the post of Programme Officer, MGNREGA has been cancelled and direction has been given for lodging of FIR.

ii. For issuance of writ in the nature of Mandamus for a direction to the respondent authorities to reinstate the petitioner on the post of Programme Officer, MGNREGA with all consequential benefits as the order passed by the respondent authorities is based on biasness and prejudice mind.”

2. In the year 2007, the petitioner was appointed as the Programme Officer under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 and subsequently after working in various districts of Bihar, she was transferred and posted at Danapur Block, Patna vide order dated 18.12.2020, where she joined on 19.12.2020.

3. It is the case of the petitioner that while working at Danapur, the petitioner found that the Panchyat Rojgar Sevak, Ganghara, Danapur is not working properly and therefore the predecessor of the petitioner as well as the petitioner had sent several letters, bringing this to the notice of the respondent authorities. Certain Van Poshaks had also sent a letter to the respondent no.3 regarding the non-payment of their remuneration by the Panchyat Rojgar Sevak, Ganghara, Danapur. In this backdrop, a show cause notice was issued by the respondent no.3 on 02.09.2021 to the petitioner and others seeking an explanation regarding the non-payment of the remuneration to the Van Poshaks. In response thereto, the petitioner submitted her response on 24.09.2021, stating categorically, that all the schemes were initiated in the month of July, 2020, that is, before the joining of the present petitioner, and therefore the then Programme Officer and the Panchyat Rojgar Sevak, Ganghara were responsible for the non-payment. Further, upon learning of these facts, the petitioner has directed the Panchyat Rojgar Sevak, to make physical inspection of the schemes and submit a report to initiate the payments to the Van Poshaks. Subsequently, the payments were made, and the Van Poshaks as a consequence had sent an application dated 22.10.2021 regarding withdrawal of their earlier complaint.

4. It is the further case of the petitioner that suddenly a show cause notice dated 02.02.2022 was served upon the petitioner and others regarding the irregularities found in 17 plantation schemes during the inspection. In connection to the aforesaid show cause notice, the Panchyat Rojgar Sevak- Arun Kumar sent a letter dated 14.03.2022 to the petitioner, stating therein that there were certain defects in the records relating to the 17 plantation schemes which were removed and further that due to floods and ensuing water logging, some plants were destroyed, but were again planted and thereafter the remuneration would also be paid to the Van Poshaks. The petitioner sent her reply to the show-cause notice dated 02.02.2022 on 21.03.2022. Thereafter the respondent no.2, District Magistrate, Patna passed the order dated 01.07.2022, whereby, the contract of the petitioner to the post of Programme Officer, MGNREGA was cancelled and further an order of recovery of Rs.3,92,800/- from the petitioner was also passed. Aggrieved by the aforesaid order dated 01.07.2022, the petitioner preferred an appeal, raising the ground that the aforesaid order dated 01.07.2022 was passed without affording proper opportunity of hearing to the petitioner and further that the show cause notice did not contemplate