THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO.2836 OF 2011 DATED: 11.02.2011 Between: P. Ananthaiah ….. Petitioner AND The Government of Andhra Pradesh, Rep. By its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Hyderabad and others ….Respondents THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO.2836 of 2011 O R D E R: This writ petition has been filed by a Field Assistant working under the National Rural Employment Guarantee Scheme (NREGS) at Masaipally Gram Panchayat, Kosgi Mandal, Mahaboobnagar District, calling in question the correctness and validity of an order passed on 31.12.2010 by the Project Director, District Water Management Agency (DWMA), Mahaboobnagar, placing him under suspension upon an allegation against him that a sum of Rs.2,20,000/- has been misappropriated by him. The learned counsel for the writ petitioner submits that the writ petitioner has been unjustly and improperly implicated in the case and he was never guilty of misappropriating funds of the organization, and hence, the impugned order is unjust. It is also submitted that the writ petitioner has since submitted his explanation and without passing any orders thereon the writ petitioner’s vacancy is sought to be filled in. As to whether the writ petitioner is truly guilty of misappropriation of the funds or not, is not the question, which I can decide entertaining this writ petition, at best, it is the subject matter of an enquiry. During the course of enquiry, the writ petitioner is bound to be provided with a reasonable opportunity to examine all those persons, who are willing to depose for him, by allowing him to cross- examine such persons who deposed against him. The writ petitioner will also be entitled to produce such material in his favour for consideration of the appropriate authority. It is therefore, appropriate that the respondent-officials conduct an enquiry at the earliest by providing the writ petitioner with a fair and reasonable opportunity to establish his defence. It is appropriate that the enquiry be completed within a period of two months from today and till the enquiry is completed and final orders are passed, the vacancy of the writ petitioner may not be filled up on regular basis. With these directions, this Writ Petition stands disposed of. No costs. -------------------------------------- --- Nooty Ramamohana Rao, J 11th February 2011 bud