IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 10294 of 2008 Between: Idamkanti Venkata Ramana Reddy S/o. Chinna Ankireddy Pasupugallu [V], Mundlamur Mandal, Prakasam District. ..... PETITIONER AND 1 State of Andhra Pradesh rep. by its Principal Secretary to Panchayat Raj and Rural Development Department, Secretariat, Saifabad, Hyderabad. 2 Mandal Parishad Development Officer, Mundlamur Mandal Parishad, Mundlamur [V&M], Prakasam District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the order Dt.31.03.2008 in RC A/143/07 Issued by the 2nd respodent thereby terminating the petitioner services as Field Assistant for Pasupugallu Village as illegal, irregular, arbitrary and against principles of natural justice and offednds articles 14 and 21 of Constitution of India and also settled principles of service jurisprudence and quash the same by consequently directing the respondents to reinstate the petitioner into service with all attendant benefits and to pass Counsel for the Petitioner:MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 10294 of 2008 ORDER: The petitioner was appointed as a Field Assistant for Pasupugallu Village, Mundlamur Mandal, Prakasam District, under the National Rural Employment Guarantee Scheme. Complaints were received against him, to the effect that he demanded and collected a sum of Rs.300/- each from the allottees under the scheme, for construction of houses. The 2nd respondent caused an enquiry through Additional Programme Officer and on receiving the report, issued a notice to the petitioner, directing him to explain as to why necessary action shall not be taken against him. The petitioner submitted his explanation on 24.02.2008. On a consideration of the explanation submitted by the petitioner as well as the material before him, the 2nd respondent passed an order, dated 31.03.2008, removing the petitioner from the post of Field Assistant. The same is challenged in this writ petition. The petitioner contends that no enquiry was held and on the basis of frivolous and false allegations, the 2nd respondent passed the impugned order of removal. The 2nd respondent filed a counter affidavit, stating that allegations of serious irregularities have been received against the petitioner, from number persons. The particulars thereof were given and ultimately, it is stated that the petitioner was removed from service, after giving adequate opportunity. Heard the learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj. The post of Field Assistant is not a part of regular civil service. It is created for ensuring better implementation of the National Rural Employment Guarantee Scheme. When serious complaints were received against the petitioner, the 2nd respondent caused an enquiry and thereafter, issued a show cause notice. Though the petitioner denied the allegation against him, the 2nd respondent found that there is adequate material, to prove the guilt of the petitioner. The question of conducting any departmental enquiry, in the matters of this nature, does not arise. The basic requirement under law i.e., issuing of show cause notice and consideration of explanation, was complied with. This Court cannot sit as an appellate authority over the findings or opinion expressed by the 2nd respondent. Once the compliance of principles of natural justice has been ensured and the charges were found to have been proved, the order of removal cannot be interfered with. The writ petition is, accordingly, dismissed. There shall be no order as to costs. _________ 10.07.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 10294 of 2008 Date: 10.07.2008 JSU