THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITIONS NO.8490 of 2011 ORDER: This writ petition has been instituted by a former Field Assistant of Nellore District calling in question the orders passed on 14th September, 2010 by the Programme Officer-cum-Mandal Parishad Development Officer, Anantha Sagaram Mandal, Nellore District, removing the writ petitioner from service. Learned Counsel for the petitioner Sri K. Krishna Kishore has raised several objections. The important of them being (1) the order dated 14th September, 2010 is passed in a mechanical fashion by the Mandal Parishad Development Officer without bothering to apply his mind to the explanation offered by the petitioner to the show cause notice issued to him on 26.8.2010; (2) the order is brought into force with effect from 13th August, 2010 i.e., with retrospective effect and hence termination with retrospective effect is bad in law; and (3) there is no finding recorded by the Mandal Parishad Development Officer about the guilt of the petitioner. It is true that the impugned order passed by the Mandal Parishad Development Officer is not reflecting appropriate application of mind on the part of the Mandal Parishad Development Officer. It is elementary that the guilt of the person, to be proceeded must be recorded first and then alone the penal action, if any warranted to be taken against such an individual, would follow. Obviously, the show cause notice dated 26th August, 2010, which is not placed on the paper book in this writ petition, must have laid some foundational fact with regard to the allegations thrown against the petitioner pursuant to the social audit said to have been effected on 13.8.2010, which reflected the irregularities committed in implementation of the Project. Though the show cause notice must have adverted to the same it is fundamental that the objections raised by the individual concerned, unless show admission on his part, require consideration and recording of the guilt or otherwise of the individual. It is also a fundamental principle of law that termination of services should not be brought forth with retrospective effect. However, one has to take note of the fact that proper procedures have not been settled for purpose of proceeding against the personnel employed for overseeing the works undertaken under the NREGS programme. The Project Director should ensure that a copy of the report of the social audit must be made available to the individual, specifically adverting to the irregularity said to have been committed by the said individual. Thereafter, the explanation of the said individual must be fairly and reasonably be considered. Then, a specific finding has got to be recorded as to whether the person is guilty or otherwise of the allegations. Only in the event the person proceeded against is found guilty, appropriate reasons for arriving at such a conclusion must also be recorded. Since the impugned order does not reflect any of this exercise, I consider it appropriate to direct the Project Director, Nellore to undertake this exercise and finalize the same within two months from the date of receipt of a copy of this order. Based upon his findings, the order of termination of the petitioner, if and when warranted can be given effect to but not otherwise. Accordingly, the writ petition is disposed of in terms as above. No costs. __________________________ Justice Nooty Ramamohana Rao Date: 30.3.2011 Nn. THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO.8490 OF 2011 30.3.2011