Termination proceedings must adhere to natural justice principles, requiring both procedural fairness and demonstration of actual prejudice.

ORDER

The above writ petition is filed impugning the proceedings issued by the 3^rd respondent vide Rc.No.10/2024/DVC/E2 dated 25.10.2024, terminating the petitioner’s services as Field Assistant, as illegal and arbitrary.

2. The averments, in brief, are that the petitioner was appointed as Field Assistant, Kannevalasa Panchayat, Kotabommali Mandal, Srikakulam District by the 3^rd respondent under MGNREG Scheme in the year 2014. Since then, the petitioner has been discharging duties with utmost satisfaction. The 3^rd respondent issued a show cause notice and temporary out-of-contract order vide Rc.No.10/2024/DVC/E2 dated 21.09.2024 alleging noticing irregularities during 16^th social audit inspection. The petitioner submitted an explanation on 24.10.2024 and also appeared personally. However, without considering the explanation, the order impugned was issued. Hence the writ petition.

3. Heard Sri Srinivas Ambati, learned counsel for the petitioner, Sri M.S.R.Chandra Murthy, learned standing counsel for respondents 1 & 2 and Sri S.Raju, learned Assistant Government Pleader for Services-I for 1^st respondent.

4. At the hearing, learned counsel for the petitioner would submit that the order passed by the 3^rd respondent suffers from a violation of the principles of Natural Justice and contrary to Field Assistants Human Resource Policy vide Circular No.666/EGS(P)2012, dated 08.01.2013 (for short “the Policy”). He would also submit that a prior show cause notice was not issued to the petitioner as per the said policy and necessary documents were also not furnished to the petitioner. He would submit that though an appeal is provided against the order since the order impugned suffers from the vice of principles of natural justice, filing of the writ petition is not barred.

5. Learned counsel for the petitioner placed reliance upon the judgments of Hon’ble Apex Court in Union of India and others Vs. Mohd. Ramzan Khan, [(1991) 1 SCC 588] and Kashinath Dikshita Vs. Union of India and others, [(1986) 3 SCC 229]

6. Per contra, Sri M.S.R.Chandra Murthy, learned standing counsel for respondents 1 & 2, on instructions, would submit that the 3^rd respondent followed the procedure as mandated under the Policy. He would submit that the objections submitted by the petitioner were properly considered by the 3^rd respondent. He would also submit that the petitioner without availing the remedy of appeal, filed the writ petition and thus, the writ petition is liable to be dismissed. He would submit that the social audit inspection was made in the presence of the petitioner. Even Grama Sabha was conducted in the presence of the petitioner and thus, the non-furnishing of documents, if any, would not cause prejudice to the petitioner, eventually prayed to dismiss the writ petition.

7. Now, the point for consideration is:

Do the proceedings Rc.No.10/2024/DVC/E2 dated 25.10.2024 (Ex.P3) suffer from any illegality or irregularities and violate the principles of natural justice?

8. As seen from the material on record, there is no dispute about the petitioner’s appointment as Field Assistant in Uppalapadu Gram Panchayat under MGNREG Scheme. The social audit team conducted an inspection and submitted a report dated 29.08.2024 to 3^rd respondent. Imputations were levelled against the petitioner based on the contents and violations pointed out in the social audit report. A Grama Sabha was also conducted. The social audit and Grama Sabha were conducted in the presence of the petitioner.

9. As seen from the show cause notice and suspension proceedings (temporarily out of contract) (Ex.P1), because of irregularities pointed out, the petitioner was directed to submit an explanation. The petitioner submitted an explanation dated 24.10.2024 (Ex.P2) and a personal hearing was also afforded to the petitioner on the same day.

10. The Field Assistants Human Resource Policy (for short “the Policy”) prescribes the procedure to issue show cause notice; suspension pending inquiry, termination