IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE FIFTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 25061 of 2008 Between: Kadiri Venkatachalapati S/o.Radhakrishna Sri Vari Temple now under Suspension Tirupati, Chittoor District R/o. H.No.4-195, Balajinagar, Greams Pet, Chittoor Town & District. ..... PETITIONER AND 1 Tirumala Tirupathi Devasthanams, Rep. by its Executive Officer, Tirupathi, Chittoor District. 2 Tirumala Tirupathi Devasthanams, Rep. by its Special Grade Dy. Executive Officer (General), Tirupathi, Chittoor District. .....RESPONDENT(S) 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 Mandamus declare the action on the part of the respondents in placing the petitioner under suspension vide Memo ROC No.DA3/23959/2006 dt. 1.12.2006 that to without concluding the enquiry till as on date amounts to erroneous, arbitrary and violative of Article 14, 19, 21 and 311 of Constitution of India and consequently direct the respondents to reinstate the petitioner into service as usual in the respondent organization pending conclusion of departmental enquiry and to pass necessary order or orders. Counsel for the Petitioner: MR.T.C.KRISHNAN Counsel for the Respondents: Y.V.RAVI PRASAD(SPL.SC FOR TTD) The Court made the following : ORDER: This writ petition is filed seeking a mandamus to declare the action on the part of the respondents, in placing the petitioner under suspension vide Memo ROC No.DA3/23959/2006 dated 01-12-2006 and for not concluding the enquiry till date, as arbitrary, violative of Articles 14, 16 and 21 of the Constitution of India. It appears that the petitioner, while working as Assistant/Shroff, Gold and Silver dollars sales counter, Srivari Temple, Tirumala Tirupati Devasthanams, Tirumala, was suspended from service on 01-12-2006, since it was alleged that during physical verification of the stocks at gold dollar sales counter on 06-11-2006 manned by the petitioner, there was a shortage of 300 numbers of 5 grams of gold dollars for which the petitioner was responsible. According to the petitioner, no enquiry has been initiated and no further steps have been taken though he was suspended on 01-12- 2006, whereas the learned counsel appearing for the respondent stated that the charge sheet was issued and the enquiry has already commenced and is in progress. Be that as it may, in a case of this nature, unless some extraordinary grounds are made out such as jurisdiction, mala fides etc., no interference can be made by this Court. No such grounds are made out. Therefore, I am of the opinion that the writ petition is devoid of merits and liable to be dismissed. Accordingly, the Writ Petition is dismissed. However, the respondents are directed to complete the enquiry, within a period of three months, from the date of receipt of a copy of this order, and if the enquiry is not completed by that time, the respondents shall reinstate the petitioner into service. No costs. __________________ 15th November, 2008 NOTE: Furnish C.C. by three days. B/o. SKM