THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NOs.24960, 28122, 21969, 25102, 26280 AND 28103 OF 2008 COMMON ORDER: All these writ petitions have been filed questioning the orders of termination on the ground of dereliction of duties of the petitioners in implementation of Employment Guarantee Scheme (for short, ‘EGS’). 2. Both the counsel submitted that the subject matter involved in this batch of writ petitions is covered by the judgment, dated 07.07.2010, rendered by this Court in W.P.No.14121 of 2009 and batch. 3. The case of the petitioners in the batch of writ petitions is that they were appointed as Additional Programme Officers/Technical Assistants/Field Assistants in implementation of the scheme known as EGS. They were removed from service on the ground of dereliction of duty on their part/misappropriation of NREGS funds. Therefore, questioning the said termination orders, the present writ petitions are filed. 4. Learned counsel for the petitioners would submit that the petitioners’ appointments were made by following the due process of law and they have not committed any irregularities; that though the respondents have issued the impugned orders terminating their services on various grounds including that of dereliction of duties and misappropriation of NREGS founds, the said orders of termination are without any notice and without any enquiry; that therefore, the impugned orders are in violation of the principles of natural justice and hence, the impugned orders are liable to be terminated. He also relied upon a judgment, dated 07.07.2010, of this Court in W.P.No.14121 of 2009 and batch. He submit that this Court, in the said judgment, has contemplated certain guidelines to be followed and even the circulars issued by the respondents have not been followed. For setting aside the orders of termination in batch of writ petitions, this Court held as under:- “It is unfortunate that allegations of high corruption like Rs.20.00 lakhs and Rs.30.00 lakhs are made against the Field Assistants/Technical Assistants, who are working under the MPDOs and other higher officers and supposed to only assist such officers and not to deal with any monetary matters directly. It appears, there is no proper supervision by the higher officials and such serious matters are entrusted to the persons who are appointed on meager salary and on contract basis and they are allowed to indulge in misappropriation of funds meant for the rural poor under the National Rural Employment Guarantee Scheme, in large scale. The concerned District Collectors are directed to look into this matter personally and instruct the officers concerned not to allow the Field Assistants/Technical Assistants etc., to deal with the money distribution etc. directly. If there is any misappropriation of money, the officers concerned must be made responsible. All the writ petitions are allowed and the matters are remanded accordingly. The stay/suspension orders, if any, granted earlier, shall stand vacated in view of the disposal of the writ petitions, as above.” 5. The impugned orders in the said batch relate to the termination of services of the petitioners on various grounds including that of dereliction of duties and misappropriation of funds. Learned Government Pleader appearing for the respondents would submit that in the said batch of writ petitions, as noticed by this Court, while setting aside the orders of termination, remanded the matters back to the competent authority to pass orders afresh by following due process of law by giving an opportunity to the petitioners concerned. Having regard to the submissions made by both the counsel, the writ petitions are allowed as under: 6. The impugned orders in the present writ petitions are set aside and the matters are remanded back to the concerned authority (competent authority) to pass orders afresh by following due process of law, as held by this Court in the above batch of writ petitions. Accordingly, all the Writ Petitions are allowed. There shall be no order as to costs. ___________________________ JUSTICE G. CHANDRAIAH 07th December, 2011 AMD THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NOs.24960, 28122, 21969, 25102, 26280 AND 28103 OF 2008 Date:07.12.2011 AMD