HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.11870 of 2011 Date of Order:26.04.2011 Between: P.Sankarappa. ..Petitioner and The State of Andhra pradesh, rep. by its District Collector and others ..Respondents The Court made the following Order: HONOURABLE SRI JUSTICE K.C.BHANU WRIT PEITTION No.11870 of 2011 ORDER :- This writ petition has been filed under Article 226 of the Constitution of India, seeking to issue a writ of Mandamus declaring the action of the respondents in placing the petitioner temporarily out of contract employment by his proceedings in ROC.No.K6/1864/2010, dated 27.07.2010, as illegal and arbitrary and consequently direct the respondents to reinstate the petitioner as Technical Assistant. 2. The petitioner has been appointed as Technical Assistant of Santhipuram Mandal, Chittoor District on 22.11.2007 under National Rural Employment Guarantee Scheme and since then he was discharging his duties. While so, the social audit team conducted second round of inspection from 31.05.2010 to 08.06.2010 on the works executed under employment guarantee scheme in Santhipuram Mandal and reported some irregularities alleged to have committed by the Additional Program Officers and Technical Assistants in the execution of works in Thummisi, Kolamadugu, Shivarampuram and Dandi Kuppam under NREGS works. Thereby, the respondents issued the impugned proceedings in ROC.No.K6/1864/2010, dated 27.07.2010, directing the petitioner to show cause within 15 days as to why the amount misused should not be recovered from him and why his services as a Technical Assistant should not be terminated for the serious financial irregularities committed by the petitioner. 3. Learned counsel for the petitioner contended that there is no prima facie material to show that the petitioner committed financial irregularities so as to place him under suspension and, therefore, the suspension order is liable to be set aside. 4. On the other hand, learned Government Pleader contended that as the petitioner committed serious financial irregularity, which was noticed during the social audit, he was rightly placed under suspension and therefore, there are no grounds to interfere with the interim suspension pending enquiry. 5. It is not in dispute that ordinarily this Court would not interfere with the order of suspension pending enquiry or contemplated enquiry, unless there is a prima facie material to show about the involvement of the petitioner so as to place him under suspension or that there must be some mala fides attributable to the disciplinary authority so as to place him under suspension. There are no such allegations levelled against the person who issued the suspension order. During the social audit, it came to light about the serious financial irregularities committed by the petitioner. Therefore, the respondents rightly placed the petitioner under suspension and there are no grounds to interfere with the impugned order passed by the respondents. 6. The Writ Petition is, accordingly, dismissed. However, the respondents are directed to complete the enquiry as expeditiously as possible. There shall be no order as to costs. ______________ K.C. BHANU, J April 26, 2011 lmv