IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 13971 of 2008 Between: 1 The Govt. of A.P., rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Hyderabad. 2 The Director of Treasuries and Accounts, A.P.Hyderabad. 3 The Regional Joint Director, Treasuries and Accounts, Kadapa, Kadapa District. 4 The District Treasury Officer, Kurnool, Kurnool District. ..... PETITIONERS AND 1 M. Naga Lakshmi W/o. M.K.Viswanatham, R/o. 3-35, pet, Kurnool, Kurnool District. 2 K.Lavanya, R/o. Nandyal, Kurnool District. 3 P.Sucharrita R/o. S.R.Nagar, Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to the orders of the Hon'ble A.P.Admn. Tribunal, Hyderabad passed in O.A.No. 5920/2006 dated 16-05-2007 as being erroneous, illegal, and unreasonable and quash the same. Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondents : None appeared. . The Court made the following : ORDER: Questioning the order, dated 16.05.2007, passed in O.A.No.5920 of 2006 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad, this writ petition is filed by the petitioners-Government. First respondent is the wife, second and third respondents are the daughters of late M.K.Viswanatham, who while working as Senior Accountant in the Office of Sub-Treasury, Sunnipenta, Srisailam, Kurnool District, had committed certain financial irregularities causing loss to the Government to a tune of Rs.40,49,451/-. During preliminary enquiry, said Viswanatham made a representation, dated 14.08.1997, admitting that to meet the medical expenses incurred for his daughter and because of the encouragement of the Junior Accountant, he withdrew the amounts on the duplicate documents and requested time for payment of the amounts. Pending enquiry, said Viswanadham died on 17.07.1999. Thereafter, the enquiring authority issued a show cause notice to the first respondent-wife asking to attend the inquiry. Aggrieved by the same, she filed O.A.No.1280 of 2000 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad, in which, an interim stay of enquiry proceedings, initiated against the first respondent, was ordered on 14.08.2000. Though the enquiry proceedings have been stayed, without examining the first respondent, the Enquiry Officer proceeded with the enquiry, concluded and submitted a report on 25.10.2000, holding that the charges were proved against late M.K.Viswanatham. Thereafter, O.A.No.1280 of 2000 was dismissed. While so, the third petitioner issued notice, dated 24.08.2006, stating that late M.K.Viswanatham had misappropriated an amount of Rs.40,49,451/- and Rs.95,625/-, which was sanctioned as Gratuity was adjusted towards the misappropriated amount and a balance of Rs.27,41,834/- is to be recoverable from the respondents. Aggrieved by the same, the respondents filed O.A.NO.5920 of 2006 and the same was allowed on 16.05.2007 setting aside the notice, dated 24.08.2006. Hence, this writ petition. Heard the learned Government Pleader for Services-II and perused the material on record. Learned Government Pleader for Services-II contended that as the enquiry was concluded holding that the charges were proved against late M.K.Viswanatham, the authorities concerned are justified in effecting recovery from the legal representatives of late M.K.Viswanarham i.e, respondents since there is heavy loss caused to the Government. He further contended that the Tribunal ought not to have allowed the O.A, by setting aside the notice, dated 24.08.2006, though late M.K.Viswanatham had himself admitted that he withdrew the amounts to meet the medical expenses of his daughter. The husband of first respondent, late M.K.Viswanadham, and others were charge sheeted alleging embezzlement of Government money by way of fraudulent drawals at Sub-Treasury, Srisailam, Kurnool District to a tune of Rs.40,49,451/-. Though the departmental enquiry was stayed by an interim order, dated 14.08.2000 in O.A.No.1280 of 2000, the first petitioner conducted the enquiry and issued notice, dated 10.04.2001 to the first respondent stating that the charges were proved substantially against all the delinquent officers, including the deceased. Aggrieved by the same, the first respondent filed O.A.No.6869 of 2001, wherein the said orders were suspended pending further orders. Subsequently, the Government, by issuing G.O.Rt.No.2789, dated 06.11.2002, cancelled the said notice and further action was dropped. Thereafter, the third petitioner issued notice, dated 24.08.2006, as specified supra, against which, the first respondent filed O.A.No.5920 of 2006 and the same was allowed on 16.05.2007, which is impugned in this writ petition. A perusal of the material on record would show that when the enquiry was stayed as per the interim order, dated 14.08.2000 in O.A.No.1280 of 2000, the question of conducting enquiry and submission of report thereof against late M.K.Viswanatham holding that the charges were proved against him, does not arise. Though late M.K.Viswanatham had admitted during preliminary enquiry that he withdrew the amounts for his personal use and the enquiry was proved against late M.K.Viswanatham and others, affecting recovery of whole amount from the estate of late M.K.Viswanadham or from the properties of the respondents only, is illegal and arbitrary. The learned Tribunal has rightly allowed the O.A.No.5920 of 2006 by setting aside the notice, dated 24.08.2006, and we do not find any illegality or irregularity in the order impugned. The writ petition is devoid of any merit and the same is accordingly dismissed. No order as to costs. ______________________ GHULAM MOHAMMED, J ______________ C.V.RAMULU, J Dated: 02.07.2008. sj ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CD copies Form-NIC-OGS/WP{TRK}