THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.11921 of 2015

ORDER:

This writ petition is filed seeking the following prayer:

“issue an appropriate writ order or direction more particularly one in the nature of Writ of mandamus declaring the proceedings No.D12/467/SA/2012, dated 12.09.2013 passed by the 1^st respondent which confirmed the proceedings of the 4^th respondent dated 26.4.2013 as illegal, arbitrary and consequently, direct the respondents herein to reinstate the petitioner as a Field Assistant in Maddur Mandal, Mahbubnagar District and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2. Heard Mr. C.Naren Sai, learned counsel representing Mr. M.V.Pratap Kumar, learned counsel for petitioner and Ms. R.Padma Rekha, learned Special Counsel for MGNREGS for respondents.

3. Brief facts:

Petitioner was appointed as Field Assistant in April, 2006 at Jadavraopally Village, Maddur Mandal, Mahbubnagar District under the Mahatma Gandhi National Rural Employment Guarantee Scheme (for short ‘MGNREGS’). A social audit team identified certain lapses, irregularities in the works completed in 2011, during 16.11.2012 to 30.11.2012. Primary allegation on petitioner is that he created false musters of labourers and misappropriated an amount of Rs.63,614/-.

4. Show cause notice was issued on 11.01.2013 detailing the alleged irregularities, explanation was offered on 21.02.2013. Petitioner was directed to appear before the disciplinary authority. Services of petitioner were terminated by respondent No.4 on conclusion that petitioner committed serious irregularities and was directed to remit the amount of Rs.63,614/-. Order of Planning Commissioner & Joint Secretary, District Water Management Board, dated 26.04.2013 was carried in appeal before District Collector. Order of disciplinary authority was upheld by District Collector vide proceedings dated 12.09.2013. Petitioner challenges the order dated 12.09.2013 and proceedings of respondent No.4 dated 26.04.2013.

5. Learned counsel for petitioner submitted that petitioner was supervising the works and contracts for implementation of rural development program for the benefit of poor in rural areas. That the allegation that petitioner created false musters of labourers and misappropriated an amount of Rs.63,614/- is baseless. It is also submitted that social audit was conducted in 2012-13 for work taken up in 2011. That amounts were paid to labourers into postal accounts.

6. It is submitted that labourers were never paid amount in cash, that petitioner is wrongly implicated and terminated by disciplinary authority which was confirmed by appellate authority. It is further submitted that petitioner did not misappropriate any amounts, that social audit enquiry findings are incorrect and baseless. It is also submitted that during personal hearing before respondent No.4 on 01.04.2013 petitioner had elaborately explained with respect to each of the issue raised and there were no reasons assigned in arriving to the conclusion.

7. It is submitted by learned counsel for respondent that petitioner was appointed in 2006 on contract basis for a period of one year under MGNREGS and the contract agreement extended from year to year till 30.06.2013. It is submitted that G.O.Ms.No.98 dated 09.03.2010 lays down the rules for conducting social audit and pursuant to such rules, petitioner was found to have misappropriated the amount of Rs.63,614/-.

8. It is submitted that on perusal of social audit report, it is clear that petitioner has not maintained the muster role register of labourers and has not submitted accounts except stating that there was no misconduct on his part with regard to work under MGNREGS, no explanation is offered. It is further submitted that the accountability of Field Assistant is very vital, his role is to provide employment for 125 day(s) every year for the villagers. That the objective of scheme is to safeguard the liv