THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 16725 of 2011 ORDER : 1. This writ petition has been filed under Article 226 of the Constitution of India, seeking to issue a writ of Mandamus declaring the action of the first respondent in issuing order dated 16.4.2011 as illegal, arbitrary and violative of principles of natural justice, and consequently direct the respondents to reinstate the petitioner into service as Field Assistant. 2. The brief facts are that, the petitioner was appointed as Field Assistant under National Rural Employment Guarantee Scheme (for short, ‘the Scheme’), and subsequently, by the impugned order, his services were terminated on the allegation that he misappropriated funds of grampanchayat to a tune of Rs.13,747/-. 3. The learned counsel for the petitioner contended that in pursuance of the direction given by this Court, no enquiry was conducted and that the show-cause notice does not contain specific allegations of the charge, and therefore the impugned order is liable to be set aside. 4. On the other hand, the learned Assistant Government Pleader appearing for respondents contended that a specific notice containing charge has been served on the petitioner and he was asked to give explanation; that the petitioner participated in the enquiry and an opportunity was given to substantiate his case by giving a personal hearing, and therefore, there is no violation of the principles of natural justice, and that there is a remedy of appeal to the petitioner against the impugned order, and hence, he prays to dismiss the Writ Petition. 5. A perusal of the impugned order would clearly go to show that the petitioner was given reasonable opportunity in the enquiry. Therefore, there is no violation of principles of natural justice and so, the impugned order needs no interference. Admittedly, an appeal lies against the impugned order passed. No doubt, availability of an alternative remedy is not a bar to entertain a Writ Petition, but at the same time, atleast under three contingencies, viz., 1) infringement of the fundamental right; 2) violation of principles of natural justice; and 3) the person, who passed the order, has no authority or jurisdiction to pass the order, the petitioner can invoke the jurisdiction of this Court under Article 226 of the Constitution of India. In the present case, the case of the petitioner does not fall under anyone of the three categories mentioned above. 6. The Writ Petition is, accordingly, disposed of giving liberty to the petitioner to avail the remedy of appeal before the appellate authority against the order impugned. No costs. --------------------- (K.C.Bhanu, J.) 18.07.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 16725 of 2011 18.07.2011