The termination lacked evidence of misconduct and was based on penal clauses in the agreement. The Ombudsman's report suggested action against other parties involved in irregularities, indicating the petitioner's innocence.

JUDGMENT

Dr. B.R.Sarangi, J. - The petitioner, who was working as a 'Gram Rozgar Sevak' of Bankili Gram Panchayat under Kolnara Block in the district of Rayagada on contractual basis, has filed this writ petition seeking to quash the office order dated 31.07.2012 under Annexure-12 terminating his service and relieving him of his duty w.e.f. 31.07.2012, and further seeks direction to reinstate him in the said post.

2. The factual matrix of the case, in hand, is that the Collector, Rayagada issued an advertisement inviting applications for the post of 'Gram Rozgar Sevak' (GRS) from eligible intending candidates of different Gram Panchayats under Rayagada district. As per the said advertisement, preference was to be given to the candidates belonging to their own Gram Panchayat. In response to the said advertisement, the petitioner, having requisite qualification for the post of GRS, submitted his candidature in respect to Bankili Gram Panchayat under Kolnara Block. By following due procedure of selection, the petitioner was selected for the post of GRS and his service was placed at the Bankili Gram Panchayat under Kolnara Block vide letter dated 22.02.2009 and he was engaged on contractual basis under the MGNREG Scheme. Thereafter, an agreement was executed on 17.02.2009 between the Sarapanch, Bankili Gram Panchayat and the petitioner, as per the government instructions. As per the terms and conditions of the agreement, monthly salary of the petitioner was fixed at Rs.2,000/- for a period of one year with effect from the date of agreement. The service of the petitioner was also extended up to 01.03.2013 with same terms and conditions, but the consolidated remuneration was enhanced and fixed at Rs.3,000/-. While he was so continuing, on 09.05.2012, the Block Development Officer, Kolnara issued a show cause notice to all persons associated with the project to submit their reply pertaining to irregularities committed by them regarding execution of 'Mo Pokhari' of Smt. Amana Senapati of village- Kankubadi under MGNREG Scheme on the basis of the audit report dated 18.04.2012.

2.1. On 11.05.2012, the petitioner received an order from the B.D.O., Kolnara- opposite party no.3 regarding deposit of an amount of Rs.35,625/- in MGNREGS account. Therein, the BDO, Kolnara had specifically directed that all the persons, those who were associated with the project and were found guilty, were to deposit equally an amount of Rs.7,125/-each in MGNREGS account. The BDO also issued an individual show cause notice to the petitioner on 11.05.2012, wherein he was directed to file reply for the gross irregularities. On being noticed, the petitioner on 22.05.2012 submitted his explanation to the imputations made against him in show cause notice dated 11.05.2012 for committing irregularities in execution of work under his Gram Panchayat and withdrawal of amount by adducing false bills.

2.2. The petitioner on 26.05.2012 approached the learned Ombudsman (MGNREGS), Rayagada for consideration of his case contending that behind his back, the opposite parties no. 4 and 5 had prepared a false bill and directed him to make/prepare muster roll of the said job, which was not within his knowledge. The measurement of the work was done by the opposite party no.4 in October, 2011 and, thereafter, check measurement was done by the Asst. Engineer- opposite party no.5. As such, the said opposite parties no. 4 and 5 are the real culprits and the author of the irregularities and have prepared the false bills. By stating so, he denied to be any way connected with such irregularities and contended that such irregularities were committed by opposite parties no. 4 and 5.

2.3. On 23.06.2012, the opposite party no.1- Collector-cum-DCP, MGNREGS, Rayagada issued show cause notice to the petitioner to submit his explanation for violating the norms of MGNREGS, fabricating the muster roll knowingly in the sense that no such work of 'Mo Pokhari' of Smt. Amana Senapati of Kankudibadi village u