THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.25864 of 2011 ORDER: The petitioner is employed as an Assistant Programme Officer for Kolimigundla Mandal, Kurnool District under NREGS scheme. Though proceedings, dated 06.04.2011, it is alleged that the petitioner is liable to deposit or remit a sum of Rs.1,05,974/-. The petitioner states that the 1st respondent instructed him to deposit one-third of the said amount to avoid any penal action and accordingly, he deposited that amount without prejudice to his rights. The 1st respondent issued notice, dated 06.08.2011 requiring the petitioner to pay the balance amount of Rs.70,649/-. Aggrieved thereby, the petitioner submitted a representation/appeal before the Ombudsmen, 2nd respondent herein in terms of G.O.Ms.No.142, dated 21.04.2010. The 2nd respondent passed an order on 22.08.2011 requiring the 1st respondent to offer his remarks. The grievance of the petitioner is that even while the said proceedings are pending, the 1st respondent is insisting on payment of the amount specified in the notice. Heard the leaned counsel for the petitioner and the learned counsel for the respondents. The petitioner has already availed the remedy of appeal before the 2nd respondent in terms of G.O.Ms.No.142. An order was already passed, in which the matter was discussed at some length and the 1st respondent was required to offer his remarks. If the petitioner is required to pay the entire amount, even while the said proceedings are pending, the very purpose would be defeated. Therefore, the writ petition is disposed of, directing that the 1st respondent shall not insist on the petitioner to pay the amount specified in the impugned notice, dated 06.08.2011, till the 2nd respondent passes final orders on the appeal preferred by the petitioner. There shall be no order as to costs. __________ 15.09.2011 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.25864 of 2011 Date: 15.09.2011 JSU