IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD FRIDAY THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO. 32925 OF 2011 Between: E. Jagadish … Petitioner V/s. The Government of Andhra Pradesh Represented by its Secretary Panchayat Raj Department, Hyderabad & Ors. … Respondents Counsel for the Petitioner : Sri G.V. Shivaji Counsel for the Respondents : GP for Revenue The Court made the following : (Order follows next page) THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO. 32925 OF 2011 O R D E R : Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 2. This writ petition is filed by the petitioner questioning the impugned Proceedings RC.No. C9/3rd SA/2010 dated 23-7-2011 issued by the Project Director, DWMA, Kadapa, YSR district seeking recovery of an amount of Rs.77,743/- in lumpsum and after recovery of the said amount only the petitioner was directed to be reinstated. 3. The case of the petitioner is that he was appointed das Technical Assistant of Durvvuru Mandal, YSR Kadapa district under National Rural Employment Guarantee Scheme (NREGS) and worked as such till the impugned order is passed. While he was discharging his duties, referring to a social audit report dated 26-6-2010, a show cause notice dated 8-7-2010 was issued by the third respondent calling for his explanation alleging various irregularities against the petitioner in the execution of works. The case of the petitioner is that the impugned order is contrary to the principles of natural justice, as he was not provided with sufficient opportunity. 4. On the other hand, the learned Government Pleader for the respondents submits that if the petitioner is aggrieved by the said impugned order, he has to prefer an appeal to the Special Commissioner within thirty days from the date of receipt of a copy of the impugned order. But without availing alternative remedy, the petitioner approached this Court and therefore, the writ petition is liable to be dismissed. 5. Having regard to the facts and circumstances and without going into the merits of the case, I deem it appropriate to grant liberty to the petitioner to file an appeal before the Special Commissioner against the impugned order within a period of four weeks from the date of receipt of a copy of this order and in the event of filing appeal by the petitioner, the Appellate Authority-Special Commissioner is directed to consider and dispose of the appeal and pass appropriate orders on merits and in accordance with law within a period of six weeks thereafter. Till the appeal is disposed of, there shall be stay of recovery of the amount as mentioned in the impugned order. 6. With the above direction, the writ petition is disposed of at the stage of admission. No costs. _______________________ JUSTICE G. CHANDRAIAH. 16-12-2011 I s L THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO. 32925 OF 2011 Circulation No. 223 Date:16-12-2011 Court Master: I s L Computer No. 43