THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE K.G.SHANKAR W.P.No.823 of 2011 ORDER (Per Sri Justice Ghulam Mohammed, J) This writ petition is filed assailing the legality and validity of the order, dated 26.07.2010, passed by the Andhra Pradesh Administrative Tribunal, Hyderabad (for short ‘the Tribunal’) in O.A.No.1958 of 2010, wherein the Tribunal directed the petitioners herein to release an amount of Rs.4,72,040/-withheld from the pensionary benefits of the first respondent. 2. The brief facts of the case are that the first respondent, while working as Grade-I Hostel Welfare Officer, placed under suspension on the ground of certain irregularities in maintenance of the Government Hostels, and was issued with a charge memo, dated 26.12.1994. He submitted his explanation denying the said charges. After completion of enquiry, the Enquiry Officer submitted his report, based on which, the third petitioner-District Collector passed orders on 05.04.1996, directing the first respondent to remit a sum of Rs.1,06,324/-. On filing objections by the first respondent, the third petitioner passed revised orders directing him to remit a sum of Rs.54,768/- and accordingly, he remitted the same. The case of the first respondent is that though he remitted the said amount, the third petitioner issued a show cause notice, dated 24.07.1996, directing him to show cause as to why his services should not be terminated and thereafter, the third petitioner vide proceedings, dated 01.08.1996, imposed on him the punishment of stoppage of five increments with cumulative effect apart from treating the suspension period with loss of pay and reinstated him into service by revoking the suspension orders. While so, on the instructions of the first petitioner, the third petitioner issued a fresh charge memo, dated 22.07.2000. After conducting enquiry, the Enquiry Officer submitted his report stating that the charges against the first respondent were not proved. In the meantime, the first respondent was retired from service on 31.10.2006, but his pensionary benefits were not released on the ground that the disciplinary proceedings pertaining to the years 1991-92 and 1993-94 were pending against him. Hence, he filed O.A.No.1338 of 2007 questioning the charge memos, dated 26.12.1994 and 22.07.2000, and the same was disposed of by the Tribunal vide order, dated 09.10.2007, directing the petitioners to conclude the disciplinary proceedings and pass final orders, within a period of three months from the date of receipt of a copy of the order. Without complying the said direction, the petitioners filed W.P.No.8880 of 2008, which was disposed of by this Court on 22.04.2008, directing the petitioners to complete the entire disciplinary proceedings pending against the first respondent, within a period of six months from the date of that order. Since no final orders have been passed, the first respondent again approached the Tribunal by filing O.A.No.5324 of 2009 for release of his pensionary benefits, including full pension, gratuity, earned leave and due increments etc., and the Tribunal passed interim orders on 20.04.2009, directing the petitioners to release his all pensionary benefits. Thereafter, the first petitioner again issued a show cause notice, dated 07.07.2009, proposing to recover an amount of Rs.4,72,040/- from the first respondent, who in turn submitted an explanation on 25.09.2009. The petitioners without considering his explanation, issued G.O.Rt.No.693, dated 05.10.2009, for recovery of the said amount. Hence, he filed O.A.No.1958 of 2010 and the same was allowed on 26.07.2010 setting aside the said G.O, to the extent of recovery of an amount of Rs.4,72,040/-from the pensionary benefits of the first respondent. Aggrieved by the same, the petitioners filed the present writ petition. 3. Heard the learned Government Pleader for Services-III and perused the material on record. 4. This Court in W.P.No.8880 of 2008 vide order, dated 22.04.2008, had specifically directed the petitioners to complete the entire disciplinary proceedings against the first respondent within a period of six months from the date of that order and in default, the order passed by the Tribunal in O.A.No.1338 of 2007 would become operative. The authorities stated that as there are number of officers involved and the total amount of misappropriation was about Rs.1,09,50,000/-, it took some time to complete the enquiry and as such, final orders could not be passed by the Government earlier than 05.10.2009, in spite of their best efforts. However, the petitioners neither filed an application seeking extension of time granted by this Court nor filed any appeal against the said order. Therefore, the order passed in W.P.No.8880 of 2008 has attained finality. Thereafter, the first petitioner issued show cause notice, dated 07.07.2009 and consequently, issued G.O.Rt.No.693, dated 05.10.2009 dropping further action against the first respondent and releasing his pensionary benefits, but withholding an amount of Rs.4,72,040/- towards loss caused to the Government. When once the disciplinary proceedings are dropped, the recovery of the said amount from the pensionary benefits of the first respondent is unsustainable, as such, the Tribunal has rightly directed the petitioners to release an amount of Rs.4,72,040/- withheld from the pensionary benefits of the first respondent. Therefore, we do not find any illegality or irregularity in the order impugned warranting interference by this Court. 5. Accordingly, the Writ Petition is dismissed. No order as to costs. _____________________ GHULAM MOHAMMED, J _______________ K.G.SHANKAR, J Date:24.01.2011 sj