IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 3564 of 2009 Between: P.S. Appala Raju S/o. Venkateswara Rao under NREGS (National Rural Employment Guaranteed Scheme), O/o. M.P.D.O., Sankavaram Mandal, East Godavari District. ..... PETITIONER AND 1 The District Collector & District Programme Co-ordinator, NREGS AP, East Godavari, Kakinada, East Godavari District. 2 The Project Director / Addtional Project Coordinator, District Water Management Agency under NREGS, East Godavari District, Kakinada. 3 The Mandal Parishad Development Officer, Sankavaram Mandal,East Godavari 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 (a) declare the action of the 2nd respondent in issuing impugned proceedings No.A1/200/Dwama/2009 dated 19.01.2009 (served on 02.02.2009) as illegal, arbitrary and violative of Art. 14, 16 and 21 of the Constitution of India and contrary to the Circular No.4553/NREGS-A.P./2008 dated 02.07.2008 of the Commissioner Rural Development and the impupgned proceedings are liable to be set aside; and (b) consequently direct the respondents to continue the petitioner as Additional Programmer in the office of the third respondent with all consequential benefits attached to the post of Additional Programme Officer and pass Counsel for the Petitioner:MR.K.SATYANARAYANA MURTHY Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 3564 OF 2009 ORDER: 1. Petitioner was appointed as Additional Programme Officer on 12-9- 2007. He was served with a show cause notice, dated 19-1- 2009, basing on the report submitted by the Additional Project Director, District Water Management Agency under NREGS, East Godavari District, Kakinada. The petitioner claims to have submitted explanation on 7-2-2009. He filed the writ petition assailing the show cause notice, dated 19-1-2009. 2. When the writ petition came up for admission, learned Government Pleader for Panchayath Raj takes notice on behalf of the respondents 1 and 2. 3. Heard learned counsel appearing for the parties. 4. Since the petitioner claims to have submitted explanation to the show cause notice, I deem it appropriate to direct the 2nd respondent to consider the explanation and pass appropriate orders by following the guidelines issued in the Circular No. 4553/NREGS/AP/2008, dated 2-7- 2008 and communicate the same to the petitioner within four weeks from the date of receipt of copy of this order. 5. With the above observation, this writ petition is disposed of. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 24th February, 2009. Note: C.C. in a week B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 3564 OF 2009 24th February, 2009.