APHC010005332020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3310]

(Special Original Jurisdiction)

THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 682/2020 Between:

S.d. Shyam Sundar, ...PETITIONER AND The Project Director And District Water and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. SRINIVAS AMBATI Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV (AP)

2. G SRINIVASULA REDDY (SC FOR ZPP MPP AND GP SERVICES)

The Court made the following Order:

The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“…..(a)to issue Writ of Mandamus or any other Writ order/orders of like nature declaring the action on the part of the 3^rd Respondent in issuing Proceedings in R.C.No.2490/2018/HRMS, dated 14.09.2018, directing the 4^th Respondent to recover a sum of Rs.11,02,556/- (Eleven Lakh Two Thousand Five Hundred and Fifty Six Only) is arbitrary, illegal and violative of principals of natural justice and violative of Article 14 and 16 of Constitution of India and quash the said proceedings, and consequently direct the Respondents Nos.1 to 6 particularly Respondent No.6 not to recover the said amount from the salary of the Petitioner (b)declaring the action on the part of the 4^th Respondent in issuing Proceedings in R.C.No.566/2018/P9, dated 16.02.2019 requesting the 6^th Respondent to take necessary steps for recovery of an amount of Rs.11,02,556/- (Eleven Lakh Two Thousand Five Hundred and Fifty Six Only) from the salary of the Petitioner and remit the same to M.G.N.R.E.G.S funds by way of Bank Draft in favour of Commissioner, Rural Development, A.P., Vijayawada is arbitrary, illegal and violative of principals of natural justice and violative of Article 14 and 16 of Constitution of India and quash the said proceedings, (c)and consequently direct the Respondents to appoint a independent committee to probe and enquire into the mis-utilization of M.G.N.R.E.G.S funds (Mahatma Gandhi National Rural Employeement Guarentee Scheme) after issuing/giving Notice and oppurtunity to the 7^th Respondent and submit Report to the State Government and consequently direct the Respondents to take necessary action against the employees who misutilized funds of the said Scheme….”

2. Brief facts of the case are that the petitioner joined in the employment as M.P.D.O. in October, 2017 at Gurla Mandal of Vizianagaram district and within three months, posted to Gumma Lakshmi Puram of Vizianagaram district on deputation and subsequently in the month of May, 2018 and made in-charge of Jiyyammavalasa Mandal and Gumma Lakshmi Puram of Vizianagaram district. While so, the Parliament has passed “The Mahatma Gandhi National Rural Employment Guarantee Act, 2005” and under the provisions of said legislation, the State Government have undertaken Rural Development programs and the Schemes under the said legislation is being called as M.G.N.R.E.G.S. (Mahatma Gandhi National Rural Employment Guarantee Scheme) and under the said scheme various works have taken place in various districts in the State of Andhra Pradesh. The petitioner was deputed as Program Officer and M.P.D.O. to work under MGNREGS. The 7^th respondent is a material supplier and bank account of 7^th respondent was approved for payments for the supplies made by it for the works for MGNREGS and amounts were credited to 7^th respondent bank account on various dates commencing from 04.04.2018 to 23.08.2018. While things stood thus, some political person given complaint to the 3^rd respondent, complaining about misutilization of funds and malpractices alleged to have been taken place in the works done under MGNREGS. Thereafter, the 3^rd respondent constituted a committee, consisting of Assistant Projector Director and others to enquire the same and the said committee submitted a report dated 07.09.2018 to the 3^rd respondent. Basing on the above said report, the 3^rd