APHC010226872012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29894/2012 Between: B.ganapathi, ...PETITIONER AND The State Of A P Rep By Its Project Director and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P V V SATYANARAYANA Counsel for the Respondent(S): 1. SPL C FOR NREGS(M S R CHANDRA MURTHY) HN, J W.P.No.29894_2012 2 The Court made the following Order: The petitioner is challenging the proceedings dated 26.06.2012, whereby the respondents have terminated the services of the petitioner on account of the petitioner’s involvement in misappropriation of funds belonging to the N.R.E.G. Scheme. 2. The petitioner was working as a Filed Assistant. On 18.03.2008, while the petitioner was working as a Field Assistant in Visakhapatnam District, the petitioner was issued a show-cause notice, calling upon him to submit his explanation regarding the lapses committed by him. The show-cause notice dated 16.04.2011 was duly replied to by the petitioner. 3. The learned counsel for the petitioner submits that in spite of submission of a proper reply, the respondents have failed to consider the same. The impugned proceedings dated 26.06.2012, terminating the petitioner’s services on the grounds of misappropriation of funds, were therefore issued. 4. The learned counsel for the petitioner further submits that this Court, in a batch of writ petitions, has set aside similar unilateral termination proceedings issued by the respondents, and placed HN, J W.P.No.29894_2012 3 reliance on the judgment passed by this Court in W.P.No.14121 of 2009 and its batch dated 07.07.2010. 5. The learned Standing counsel appearing for the respondents submits that the respondents have conducted a proper enquiry, which was initiated after receiving a report from the Social Audit Team on the irregularities committed by the petitioner. It is also submitted that an opportunity of hearing was provided to the petitioner, and the petitioner appeared for a personal hearing on 25.04.2011. The petitioner, in his written explanation, admitted the charges and remitted an amount of Rs.4,800/- on 02.03.2011 and 26.04.2011, against the alleged misappropriated amount of Rs.22,577/-. On account of the admission of the petitioner and part-payment of the misappropriated amount, the charges were held to be proved, and accordingly, the services of the petitioner were terminated. It is also submitted that the petitioner was engaged for a limited period on a contractual basis, and as such, the petitioner cannot claim for reinstatement. 6. Considering the submissions of the learned Standing counsel for the respondents, and also after going through the record, it is pertinent to note that the respondents have conducted a detailed enquiry, and a public hearing was also conducted after having HN, J W.P.No.29894_2012 4 receiving the Social Audit Report. No infirmity can be found in the process followed by the respondents. That apart, the submission of the learned Standing counsel that the petitioner ought to have preferred an appeal before the District Collector concerned against the orders passed by the 1st respondent is noted. 7. Recording the submissions, this Court is not inclined to interfere in the impugned proceedings. 8. Accordingly, the writ petition is dismissed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Date: 18.02.2025 NKA HN, J W.P.No.29894_2012 5 265 HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.29894 of 2012 Date: 18.02.2025 NKA