HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE G. CHANDRAIAH WRIT PETITION NO. 5152 OF 2005 Between: D. Sayanna ..... PETITIONER AND 1. The Government of Andhra Pradesh represented by its Secretary, Social Welfare Department and one another .....RESPONDENTS ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed in the nature of writ of Certiorari calling for the records of the 2nd respondent pertaining to Proc. RC No. J2/3024/95-4, dated 10.5.2002, Proc.Rc.No. J2/3024/95, dated 23-06- 200 and set aside the same as illegal and also the judgment dated 28.2.2005 passed in O.A.No. 5920 of 2003 on the file of Andhra Pradesh Administrative Tribunal, Hyderabad. Brief facts of the case are that the petitioner is working as Assistant Social Officer and while so, he was served with a Charge Memo dated 31.12.1994 for the misconduct related to the period from 1993 to 1994 and for which, the petitioner also submitted his explanation on 16.7.2002. It is stated that for the charges pertaining to the year 1993-94, the charge memo was issued after a long lapse of 10 years period. Hence, the Supreme Court in STATE OF ANDHRA PRADESH VS. N. RADHAKRISHNA [1] held that the delay in conducting the disciplinary proceedings was deprecated. The learned counsel appearing for the petitioner has drawn our attention to the judgment of this Court dated 20.9.2007 passed in W.P.No. 19973 of 2007 and WPMP No. 25762 of 2007, wherein this Court after following the judgments of the Supreme Court reported in STATE OF ANDHRA PRADSH VS. N. RADHAKRISHNA (supra-1), P.V. MAHADEVAN VS. M.D. TAMIL NADU HOUSING BOARD[2] and M.V. BIJLANI VS. UNION OF INDIA [3] observed as under: “ If the legal position emerging from the above noted judgments of the Supreme Court is applied to the respondent’s case, we do not find any difficulty in approving the view taken by the Tribunal. It is neither the pleaded case of the petitioners nor the learned Government Pleader argued that the respondent had been charged with the allegation of misappropriation, fraud, cheating or embezzlement of public funds. Rather, it is an admitted case that the allegation leveled against him related to the alleged supervisory negligence. Therefore, the delay of 8 ½ years could certainly be treated fatal to his defence. During this long time gap, the evidence which could justify exercise of due care and caution by the respondent in the discharge of his function as a supervising officer must have been lost. In the premise aforesaid, we hold that the order under challenge does not suffer from any legal infirmity warranting interference under Article 226 of the Constitution and the Writ Petition is liable to be dismissed. Ordered accordingly. As a sequel to dismissal of the writ petition, WPMP. No. 25762 of 2007 filed by the petitioners for interim relief is also dismissed.” As seen from the record, in this particular case large scale misappropriation has taken place in Warangal District in respect of the funds of the Social Welfare hostels and enquiries have been conducted against number of Wardens/Matrons, ASWOs, and also the Deputy Director and various punishments have been imposed against them and when the case came to the notice of the Government, in G.O.Rt No. 46 dated 3.2.1998 special audit was ordered to be conducted for 1991- 92 and 1993-94 and accordingly, Special audit was conducted and the irregularities alleged to have been committed by the petitioner came to the notice and charges were framed by the disciplinary authority and Charge memo dated 10.5.2002 was issued. Therefore, the Tribunal also dismissed the O.A stating that it will not be in the interest of justice to let off the persons found guilty only on account of delay. Hence, we are not inclined to interfere with the matter. In view of the above and also following the judgment of this Court dated 20.09.2007 passed in W.P.No. 19973 of 2007 and WPMP No. 25762 of 2007, this Writ Petition is also dismissed. There shall be no order as to costs. _______________________ GHULAM MOHAMMED,J _________________________ G. CHANDRAIAH ,J DATE: 23.06.2010 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies. [1] AIR 1998 SC 1831 [2] (2005) 6 SCC 636 [3] (2006) 5 SCC 88