STATE OF ANDHRA PRADESH Vs. C SRINIVASULU REDDY

JUDGEMENT

(1.) THE Department of Education filed the present writ petition seeking a writ of certiorari to quash the order dated 19. 9. 2007 passed by the A. P. Administrative Tribunal, Hyderabad in O. A. No. 5426 of 2007.

(2.) THE facts in brief are that the respondent herein who was working as Lecturer in Physical Education at Government College of Physical Education, Hyderabad retired from service on 31. 5. 2007 on attaining the age of superannuation. While he was in service, the President, Andhra Pradesh Physical Education Lecturers' Association, Hyderabad, submitted a representation to the 2nd petitioner herein, stating that the respondent while working as Principal (FAC), Government College of Physical Education, Hyderabad, had indulged himself in corrupt practices and misused the Government funds. Pursuant to which, the 2nd respondent directed the Regional Joint Director of School Education, Hyderabad to enquire into the matter and the Regional Director of School Education, after conducting a preliminary enquiry into the matter, submitted his report. Basing on the report of the Regional Joint Director of School Education, the respondent was served with a charge-memo through proceedings in Rc. No. 1025/c2-l/05, dated 21. 2. 2006. The respondent submitted his explanation to the said charge-memo on 18. 3. 2006. Being not satisfied with the explanation offered by the respondent, the disciplinary authority ordered for departmental inquiry. The following charges were framed against the respondent:

(3.) THE respondent stated to have submitted his explanation to the aforesaid charges levelled against him on 16. 1. 2007 and the enquiry initiated against him is in progress. At that stage, the respondent herein approached the A. P. Administrative Tribunal by filing O. A. No. 5426 of 2007 seeking a direction to the authorities to conclude the enquiry initiated against him at an early date. The Tribunal, through order dated 19. 9. 2008, impugned in this writ petition, disposed of the said O. A. with a direction to the departmental authorities to conclude the disciplinary proceedings initiated against the respondent within a period of six months from the date of receipt of a copy of the said order failing which disciplinary proceedings are deemed to have been dropped. Aggrieved by the said order, the department filed the present writ petition.