THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.25690 of 2011 ORDER: The petitioner was appointed as a Computer Operator under the National Rural Employment Guarantee Scheme for Beluguppa Mandal of Anantapur District. A show cause notice was issued to him on 17.01.2009 by the Project Director, DWMA, the 2nd respondent herein, alleging that the petitioner generated 5 job cards without the approval and consent of the superior officials. The petitioner submitted explanation on 06.02.2009. The 2nd respondent passed an order dated 07.03.2009, terminating the services of the petitioner. The same is challenged in this writ petition. Heard learned counsel for the petitioner and learned counsel for the respondents. The show cause notice itself is a bit vague and not clear. At one place, it is stated that the petitioner issued voter identity cards and at another place, it was alleged that he has generated job cards. Further, the consequence of the illegality on the part of the petitioner is said to have given rise to some complications in the polling. Totally inconsistent version is contained in the show cause notice. All the same, the petitioner submitted his explanation, stating that he received requisition from the Panchayat Secretary for five job cards and since the Assistant Programme Officer was on maternity leave, he has generated these job cards, subject to approval by the superior authorities. The explanation did not weigh with the respondents and the impugned order was passed. When the allegation against the petitioner itself is not clear, the severe punishment of removal from service cannot be sustained. Further, in case the job cards were generated without the approval necessary, steps ought to have been taken to cancel them, instead of removing the petitioner from service. The impugned order is liable to be set aside. So far as the direction as to reinstatement is concerned, much would depend upon the availability of vacancies in the Mandal. Hence, the writ petition is allowed and the impugned order is set aside, however, by directing that the petitioner shall be reinstated into service, if only the vacancy, which he was occupying before he was removed from service, or any other vacancy in the Mandal, is available. He shall not be entitled to any back wages. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J Dt:21.09.2011 GJ