IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE L . NARASIMHA REDDY WRIT PETITION NO.24133 OF 2010 DATED:19.11.2010 Between: D. Dayanand … Petitioner And The Government of Andhra Pradesh Rep. by its Vice-Chairman & Managing Director Andhra Pradesh Scheduled Castes Cooperative Finance Corporation Ltd., Hyderabad … Respondent THE HON’BLE SRI JUSTICE L . NARASIMHA REDDY WRIT PETITION NO.24133 OF 2010 ORDER: The petitioner is working as an Executive Officer in Andhra Pradesh Scheduled Castes Cooperative Finance Corporation Limited, Hyderabad. He was sent on deputation as Executive Director to Backward Classes Corporation, Mahabubnagar. He visited the Boys and Girls Hostels in Kodangal, on 23.6.2010. A charge memo dt.9.9.2010 was served upon him by his parent department. It was alleged that the petitioner has stayed in the R&B Guest House and there he demanded the hostel staff to provide liquor, non-vegetarian snacks and a woman. The further allegation is that he has raped a worker in the hostel in the night. Simultaneously, the petitioner is placed under suspension and criminal prosecution proceedings are initiated against him and the case is pending. This writ Petition is filed challenging the very issuance of the charge memo mainly on the ground that it contains the allegations, which are similar to those in the criminal case. Sri N. Ramesh, learned Counsel for the petitioner, submits that his client cannot be required to divulge his defence which he is entitled to disclose only in the criminal case. Reliance is placed upon certain decided cases. Sri M. Ganga Rao, learned Standing Counsel for the respondent – Corporation, on the other hand, submits that the petitioner has resorted to heinous and very obscene activities by misusing his official position and he contends that except the allegation as to rape, rest of the allegations are totally independent and have nothing to do with the criminal case. A perusal of the first article of the charge disclose that the petitioner is alleged to have committed certain acts which are inhuman and no employee would resort to. Even if a part of it is true, the petitioner not only deserves to be dismissed from service, but also must be dealt with in such a manner that he would not think of doing such things in future. He was in one organization and obviously by using his clout, got deputed to another. It appears that he has animal instincts to such an extent as to compel him to find ways to quench his thirst. The helpless children, who are staying in the hostels, and the women employees have become the target of the unscrupulous persons like the petitioner. The allegations in the first charge are very serious. It is only in the second charge, an allegation is made as to rape. The petitioner can be required to submit explanation to the entire charges, except as to the allegation of rape. This Court does not find any basis to interfere with the charge memo. Hence, the Writ Petition is dismissed with costs of Rs.3,000/- (Rupees three thousand only). If the petitioner does not remit that amount within four weeks, it shall be recovered from his subsistence allowance and the same shall be spent for the social welfare hostel, which was visited by the petitioner. _____________________ L. NARASIMHA REDDY, J 19.11.2010 bnr