ORDER:

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

“….to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 3^rd respondent in terminating the services of the petitioner as a Field Assistant vide proceedings L.Dis.No.166/2014/Human Resource Department, dated 17.05.2016 without conducting any inquiry, without issuance of any show cause notice and affording an opportunity of hearing before passing the order as illegal, arbitrary, mala fide, contrary to Mahatma Gandhi National Rural Employment Guarantee Act, 2005, the H.R.Policy and Disciplinary Rules issued by the 1^st respondent, violative of principles of natural justice and in voilation of Articles 14, 19 and 21 of the Constitution of India and consequently set aside the same and direct the respondents to continue the petitioner as Field Assistant”.

2. The case of the petitioner is that, he was appointed as Field Assistant at Tattabanda Village, Ravikotham Mandal, Visakhapatnam District in the year 2008. While the matter being so, in the month of May, 2014, the Programme Officer, Ravikotam reported that the petitioner actively participated in the General Elections of Legislative Assembly as a polling agent for a political party. Hence, pending enquiry, he was temporarily suspended from his duties as a Field Assistant by the 3^rd respondent and subsequently, show cause notice was issued calling for petitioner’s explanation, for which the petitioner has submitted his explanation stating that he was wrongly targeted and that never involved or affiliated with any political party nor participated as a polling agent.

3. The grievance of the petitioner is that instead of considering the same and without even conducting any enquiry as to whether the explanation submitted by the petitioner is genuine or not, the respondents straightaway terminated the petitioner vide proceedings L.Dis.No.166/2014/Human Resource Department dated 17.05.2016.

4. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents.

5. Today, when the matter came up for hearing, the 3^rd respondent herein has furnished a copy of instructions wherein it is stated that he was appointed in the year 2008 as Field Assistant for a period of one year on contract basis under MGNREGS scheme and the contract agreement was extended year after year and it comes to end by 30^th June, 2016. The relationship between the parties is purely contractual and the said writ petition is not maintainable. An adverse news item was published in local Newspaper Eenadu and Andhra Jyothi on 08.05.2014 stating that the petitioner herein worked as a polling agent in booth No.100 on behalf of YSR Congress Party. The additional Programme Officer conducted an enquiry and submitted report to the 3^rd respondent herein stating that the petitioner has violated rules and regulations and actively participated in the general elections conducted in May, 2014 and requested to initiate disciplinary action against the petitioner vide LR.No.25/EGS/2014, dated 08.05.2014. Basing on the same, the petitioner was placed under suspension on 10.05.2014. Thereafter, the 3^rd respondent requested to send a detailed report as to whether the petitioner worked as polling agent in booth No.100 on behalf of Y.S.R. Congress party or not vide Letters Dated 13.06.2014, 23.07.2014, 28.11.2014 and 06.05.2015, but the Revenue Authorities has failed to submit the report. As such, the petitioner was reinstated into service on 30.10.2015. Thereafter on 05.11.2015, the Tahsildar submitted a report to the Revenue Divisional Officer stating that the Revenue Inspector and Village Revenue Officer conducted enquiry and submitted a report stating that the petitioner worked as a polling agent on behalf of YSR Congress party. As the petitioner has violated Rule 12(M) of the Circular No.666/EGS(P)/2012, dated 08.01.2013 of the Department