THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 18559 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 proceedings of the fourth respondent vide Rc. No.76/2009B, dated 06.05.2009 as illegal and arbitrary and set aside the same, and consequently direct him to continue the petitioner in service as Field Assistant of Bethapudi Gram Panchayat, Repalle Mandal, Guntur District with all consequential benefits by paying salary from 06.05.2009. 2. The averments, in brief, stated in the affidavit filed in support of the Writ Petition may be stated as follows: The petitioner was appointed as Field Assistant under National Rural Employment Guarantee Scheme (for short, ‘the Scheme’) in the year 2007. The fourth respondent issued the impugned notice to him stating that as per social audit of the department, it was found that the petitioner misappropriated funds to a tune of Rs.1,36,940/- in the works completed under the Scheme in Bethupudi grampanchayat during 2007-2008. The second respondent, in the notice dated 06.05.2009, directed the petitioner to pay the above amount within seven days, lest, necessary action would be taken as per the information available in the office. The impugned order is passed without affording an opportunity to the petitioner and no enquiry was conducted, and so, it is violative of principles of natural justice. The fourth respondent is not permitting the petitioner to attend to his duties. No order is communicated to the petitioner either suspending him or terminating him from his service, and no salary was paid to him from 06.05.2009. Hence, the Writ Petition. 3. The contention of the learned counsel for the petitioner is that no opportunity was given to the petitioner before passing the impugned order. On the other hand, it is the contention of the learned Government Pleader that there is no violation of the principles of natural justice and that there is a remedy of appeal to the petitioner against the impugned order. 4. A perusal of the impugned order would clearly go to show that two notices have been given to the petitioner directing him to give explanation, failing which the said amount would be recovered from him through the process of court. Therefore, there is no violation of principles of natural justice and so, the impugned order needs no interference. Admittedly, an appeal lies to the third respondent against the impugned order passed by the fourth respondent. 5. The Writ Petition is, accordingly, disposed of giving liberty to the petitioner to avail the remedy of appeal before the appellate authority against the order impugned. No costs. --------------------- (K.C.Bhanu, J.) 18.07.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 18559 of 2011 18.07.2011