SHANTHAM SWAMY Vs. TAHASILDAR, MEDAK DISTRICT

JUDGEMENT

(1.) The present writ petition is filed by the petitioner seeking to declare as illegal and arbitrary the distraint order dated 02.11.2010, issued by the first respondent in seeking to declare (sic recover) a sum of Rs. 1,43,281/- towards arrears of Revenue due from the petitioner without ascertaining the amount due from him by conducting necessary enquiry. The petitioner has sought a consequential direction to set aside the distraint order dated 02.11.2010. The respondents have filed their counter affidavit and contested the matter. Heard the learned counsel for the petitioner and the respondents, apart from perusal of the records.

(2.) The facts as obtained from the record, in brief, are that the petitioner was appointed as a Field Assistant in Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), in the year 2006, on contract basis. Later, as he was discharging his duties, the second respondent orally informed him on 01st June, 2010 not to discharge the functions assigned to the post of Field Assistant on the ground that certain amounts pertaining to MGNREGS in the Village, where the petitioner was working, were misused. Subsequently, the first respondent issued distraint order dated 02.11.2010 for recovery of Rs. 1,43,281/-, which is said to be the amount allegedly misused by the petitioner.

(3.) The learned counsel for the petitioner has strenuously contended that neither at the stage of removal nor at the stage of issuing the distraint order seeking recovery of Rs. 1,43,281/-, the petitioner was put on notice. There is an elementary denial of opportunity, offending the principles of natural justice. Thus the order impugned cannot survive and it is to be accordingly set aside.