THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.11897 OF 2011 ORDER: This writ petition is filed to declare the order in Roc.No.K6/3685/2010 dated 30.12.2010 passed by the second respondent as illegal and arbitrary and consequently to direct the respondents to reinstate and continue the petitioner as Technical Assistant in Ramachandrapuram Mandal with all consequential benefits. 2. The brief facts that are necessary for the disposal of the writ petition may be stated as follows: The petitioner was appointed as Technical Assistant under NREGS vide proceedings in Roc.No.2678/05 dated 31.03.2006 by the second respondent and was allotted to Vijaya Puram Mandal. Thereafter, he was transferred to Ramachandrapuram Mandal in the counselling held on 25.08.2009. It is the case of the petitioner that in Ramachandrapuram Puram Mandal, interference of the politicians and caste discrimination is very high and some of the politicians who do not want to post him in the said mandal bore grudge against him and to see that he should be out of employment started making allegations against him. While the matter stood thus, surprisingly, the second respondent issued show cause notice to the petitioner basing on the social audit report vide proceedings dated 01.11.2010 calling for his explanation on the allegations levelled against him. On receipt of the said show cause notice, he submitted a detailed explanation to all the allegations made against him. The second respondent without considering his explanation in proper perspective at the behest of the local politicians issued impugned order dated 30.12.2010 keeping the petitioner out of contact employment with immediate effect and ordering recovery of Rs.1,54,385/- from him. In fact, there are serious allegations against the other Technical Assistants in the mandals, but they are being continued in service, whereas the petitioner was kept out of employment though he has not committed any mistake. The social audit team is not consisting of any technical persons. 3. The learned counsel for the petitioner contended that since the misconduct alleged against the petitioner is technical in nature, the Enquiry Officer who knows the technicalities has to be appointed. 4. On the other hand, the learned Government Pleader appearing for the respondents contended that the Project Director is a technically qualified person and there are no grounds to interfere with the impugned order. 5. The impugned order would go to show that as per the petitioner’s explanation, the measurements were not taken properly and all the works executed under the Scheme disturbed due to rains. It is the case of the respondents that the explanation was not proper. Therefore, the petitioner was kept out of contact employment temporarily with immediate effect. In view of the fact that several allegations levelled against the petitioner are technical in nature, the enquiry has to be conducted by a technically qualified person. According to the Government Pleader, the Additional Project Director is technically qualified person. 6. Therefore, the writ petition is disposed of directing the respondents to appoint Additional Project Director or any other technically qualified person to conduct enquiry against the petitioner in accordance with law. No costs. K.C. BHANU, J June 15th, 2011 lvl THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.11897 OF 2011 Dt. 15.06.2011