THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 11687 of 2011 DATE: 16-06-2011 Between: B.Anthoni Raju and another .. Petitioners And District Water Management Agency, West Godavari District and others .. Respondents THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 11687 of 2011 ORDER: This Writ Petition is filed to declare the impugned proceedings RC.No.SA/D(4)/2010, dated 26.03.2011 issued by the 1st respondent for recovery of an amount of Rs.87,441/- each and terminating their services issued by the 1st respondent and all its consequential act of recovery of alleged amounts, as illegal, arbitrary, unjust and violative of principles of natural justice and consequently direct the respondents to continue the petitioners as Field Assistants in the concerned Grampanchayat of Chintalapudi Mandal, West Godavari District with all consequential benefits. 2. The brief facts that are necessary for disposal of the present Writ Petition may be stated as follows: The 1st respondent issued a notification inviting applications from the eligible candidates, who have passed Intermediate, for the posts of Field Assistants during the year 2006. Accordingly, the petitioners, who are qualified for the said posts, applied for the same, got selection and appointed as Field Assistants and discharging their duties and their appointments are legal and valid as per the norms of recruitment prescribed by the Government. The respondents 1 and 2 implemented the National Rural Employment Guarantee Scheme (for short “NREGS”) through a third party by name Finolex company to disburse the amounts to the persons engaged in the scheme as per the information furnished by group leaders. The petitioners duty is to see whether the persons engaged under the scheme are working or not. From the date of their appointment till date they have not done any such act contrary to the instructions given by their superiors or Mandal Parishad Development Officer. The 1st respondent without conducting any enquiry issued show cause proceedings in Roc.SA/D(4)/2010 dated 30.12.2010 alleging that social audit was conducted on NREGS in Gopalapuram from 03.12.2010 to 13.12.2010 and the social audit team found several serious financial irregularities on binami musters, etc. and fastened the liability on the petitioners to pay the amounts of Rs.87,441/- each and also terminated their services as per SRDS Rules. Hence, the writ petition. 3. Learned counsel for the petitioners contended that without giving an opportunity to the petitioners contrary to the principles of natural justice, the impugned order has been passed and that the petitioners have not done any alleged irregular act and as per the procedure, no money passed from the hands causing loss to the respondents. The social audit team neither called the petitioners nor sought any information and, therefore, the impugned order is liable to be set aside. 4. The social audit on the explanation of NREGS works at Rampalem, Gopalapuram Mandal has been conducted from 18.12.2010 to 24.12.2010 and public hearing was conducted on 24.12.2010. During the audit, it is stated that the petitioners have committed irregularities by recording binami musters and misappropriated an amount of Rs.87,441/-. Thereafter a show cause notice dated 31.12.2010 was issued duly asking them to show cause as to why the contract agreement shall not be terminated apart from recovery of the amount misappropriated, within 15 days from the date of receipt of the notice. The petitioners submitted explanation stating that the complaints against them were withdrawn and the social audit team has not considered the explanation, which is not satisfactory, except denial of the fact that they have not stated anything. As seen from the show cause notice, it is clear that in respect of certain works, binami muster rolls were maintained, thereby misused an amount of Rs.87,441/-. The show cause notice as well as the social audit report have not been challenged. Therefore, the question of enquiry does not arise when the petitioners have not specifically denied about the maintaining of the binami musters. Therefore, the impugned order needs no interference by this Court. 5. Accordingly, the writ petition is dismissed. There shall be no order as to costs. _____________ K.C.BHANU, J 16-06-2011 MR THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 11687 of 2011 DATE: 16-06-2011 MR