APHC010727282012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No: 33954 OF 2012 Between: M.Ramanaiah Yadav …Petitioner AND The Project Director, District Water Management Agency, Kadapa, YSR Kadapa District and two others. …Respondents Counsel for the Petitioner: Sri D.Bala Kishan Rao Counsel for the Respondents: 1. Ld. Govt. Pleader for Revenue 2. Ld. Govt. Pleader For Panchayat Raj & Rural Dev. The Court made the following order: 1. The petitioner is challenging the proceedings dated 04.06.2012 issued by the 1st respondent and the orders dated 01.09.2012, passed by the 2nd respondent in the appeal. The learned counsel for the petitioner submits that the said proceedings are in violation of the order of this Court passed -2- W.P. No.33954 of 2012 in W.P. No.14121 of 2009 and batch and seeks a consequential direction to continue the petitioner as Field Assistant with all consequential benefits. 2. The petitioner was selected to the post of Field Assistant in September 2008 and worked in Porumamilla. On 27.04.2012, the petitioner was issued a show cause notice calling for his explanation on the alleged misappropriation of amounts relating to the respondents. The petitioner submitted his explanation, and without considering it, the respondents issued orders of termination. It is submitted that this Court, in the judgment, dated 07.07.2010, passed in W.P. No.14121 of 2009 and batch, held that Field Assistants do not handle financial aspects and that they cannot be held responsible for mismanagement when they do not have access to the National Rural Employment Guarantee Scheme. 3. In a batch of writ petitions, this Court set aside the orders of termination passed without conducting any enquiry and also directed the respondents to conduct disciplinary proceedings as per the procedure, and in cases where the recovery is contemplated, a fresh enquiry has to be conducted. With -3- W.P. No.33954 of 2012 these observations, the batch of writ petitions was disposed off. 4. The learned Assistant Government Pleader appearing for the respondents submits that the petitioner was working as a temporary Field Assistant, and the social audit team conducted a social audit from 31.03.2012 to 10.04.2012. They found that the petitioner was responsible for misappropriating Rs.7,266/- in transportation of silt work on the names of the persons who are not alive. The petitioner is alleged to have submitted benami muster and misappropriated the funds of MGNREGS. 5. The petitioner submitted a detailed explanation to the show cause notice dated 07.05.2012, and a personal enquiry was conducted on 01.06.2012. It is submitted in the counter that the petitioner was found responsible for misappropriating Rs.24,182/- and that the enquiry was conducted in a fair manner by giving ample opportunity to the petitioner. The appellate authority has considered the issue in totality and dismissed the appeal preferred by the petitioner. The petitioner was not in service from the date of termination. As seen from the impugned proceedings, it is relevant that the -4- W.P. No.33954 of 2012 petitioner participated in the enquiry and that the respondents considered the explanation submitted by the petitioner and considered the material on record and held that the petitioner was responsible for misuse of Rs.24,182/-. Based on these facts, this Court is not inclined to interfere with the impugned proceedings. 6. Accordingly, the writ petition is dismissed. No costs. 7. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ____________________ JUSTICE HARINATH. N BV