MERAVATH RAVI KUMAR Vs. DISTRICT RURAL DEVELOPMENT OFFICER

JUDGEMENT

(1.) The present writ petition is filed to impugn the proceedings dtd. 27/5/2020 issued by the 1st respondent wherein the 1st respondent had permanently terminated contract agreement with the petitioner and disqualified the petitioner for further employment under the 3rd respondent society as well as consequential order issued by the 3rd respondent by proceedings dtd. 19/8/2021 dismissing the appeal filed by the petitioner is being arbitrary, illegal, discriminatory, mala fide, and is an unconstitutional violating Article 14, 16 and 21 of the Constitution of India apart from violating principles of natural justice as well as contrary to the rules issued by the 3rd respondent society i.e. Society for Rural Development Services Disciplinary Rules, 2012.

(2.) The petitioner submits that he possessed Bachelor of Technology in Agriculture qualification from Acharya N.G. Ranga University, Rajendra Nagar Hyderabad in the year 2009 and he was appointed as a Project Officer on contract basis under the jurisdiction of the 1st respondent vide proceedings dtd. 9/8/2011 issued by the 4th respondent, Chief Executive Officer, Society for Rural Development Services, in pursuance of the selection made by the selection committee constituted by the 4th respondent after issuing notification for the said post. The petitioner submits that he was selected and appointed as Project Officer on contract basis by the 4th respondent and posted as Project Officer under the jurisdiction of the 1st respondent in August 2011 and submits that his appointing authority is the 4th respondent. He would further submit that while he was working as Project Officer PMKSY (IWMP Scheme), Water Development Centre, Nalgonda, the 1st respondent vide proceedings dtd. 19/3/2020 terminated the contract service as Project Officer and framed the charges against him with a direction to submit the explanation to show cause notice on the ground that certain adverse news were published in the Andhra Jyothi daily news paper dtd. 10/11/2019 under heading "DWAMAYA JALAM" regarding diversion of PMKSY funds to the account of private person and also based on allegations in a representation made by the State President of RTI Act who leveled allegations against the petitioner that he misappropriated the funds of PMKSY (IWMP Scheme), Watershed Development Centre Nalgonda. It is further submitted that prior to the issuing of the aforesaid proceedings dtd. 19/3/2020, the District Collector and Chairman DRDA Nalgonda i.e. respondent No.2 vide proceedings dtd. 4/12/2019 appointed one Smt. Sangeeta Lakshmi, District Horticulture and Sericulture Officer, Nalgonda as Enquiry Officer to conduct an enquiry with regard to the allegations published in the Andhra Jyothi newspaper dtd. 10/11/2019.

(3.) It is submitted that the said enquiry officer conducted the enquiry and submitted the report vide letter dtd. 15/2/2020 addressed to the 2nd respondent, wherein the enquiry officer recommended to initiate appropriate action by the DRDA/District Administration against the petitioner for due negligence resulting diversion of Watershed Development funds (WDF) i.e. an amount of rupees 10.72 lakhs into the S.B. account No.30075552021 of an unauthorised person existing in SBI Sagar Road branch, Miryalaguda instead to respective WDF authorized accounts, i.e. Andhra Pradesh Grammena Vikasa Bank.