THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE K.G.SHANKAR W.P.No.1998 of 2011 ORDER(Per Sri Justice Ghulam Mohammed, J) The petitioners filed this writ petition seeking a writ of certiorari calling for the records relating to the order, dated 07.12.2010, passed in O.A.No.6842 of 2010 and batch by the Andhra Pradesh Administrative Tribunal, Hyderabad (for short ‘the Tribunal’) and to quash the same. 2. The first respondent, while working as Hostel Welfare Officer, was placed under suspension on the ground of misconduct vide proceedings, dated. 28.09.2010, against which, he filed the above said O.A. before the Tribunal seeking to suspend the said proceedings. By the order impugned, the Tribunal allowed the O.A. setting aside the order of suspension and directed the petitioners herein to reinstate the first respondent into service within three days from the date of that order. Aggrieved by the same, the petitioners filed the present writ petition. 3. Heard the learned Government Pleader for Services-III and the learned counsel for the first respondent. 4. Learned Government Pleader for Services-III contended that though the report of the Vigilance clearly reveals the diversion of 20 quintals of rice to the black market by the first respondent, the Tribunal ought not to have interfered with the order of suspension. 5. On the other hand, learned counsel for the first respondent contended that the first respondent is no way concerned with the diversion of rice meant for public distribution. 6. As can be seen from the material on record, the order of suspension was passed after two years of the incident based on the report submitted by the Vigilance and Enforcement Department. But, however, the said report reveals about the diversion of stock of 20 quintals of rice, which was allotted to the hostel of the first respondent, into the black market. In view of the nature of the alleged misconduct of the first respondent and in view of the pendency of enquiry, the Tribunal ought not to have interfered with the order of suspension though it was passed after two years of the incident. Hence, the order of the Tribunal is set aside, and the petitioners are directed to complete the enquiry, within a period of three months from today, failing which, the order of the Tribunal shall stand confirmed. 7. Accordingly, the Writ Petition is disposed of. No order as to costs. _____________________ GHULAM MOHAMMED, J _______________ K.G.SHANKAR, J Date:01.02.2011 Note:Issue CC within one week. sj