IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 20788 of 2007 Between: K. Samson, S/o. Venkateswarlu, Police Station, Naidupeta, Nellore District. ..... PETITIONER AND 1 The Addl. Director General of Police, (Administration) Andhra Pradesh, Hyderabad. 2 The Deputy Inspector General, Andhra Pradesh, Guntur Range, Guntur Post and District. 3 The Superintendent of Police, Nellore, Nellore District. .....RESPONDENTS 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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the judgment of the Hon'ble A.P. Administrative Tribunal in OA NO. 7804 of 2002 dated 21-9-2006 is contrary to law and set aside the same and consequently set aside the Memo No. T. Dis. No. 896/T3/2001, dated 31-10-2001 of the 1st respondent and pass such other or further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.B.NAGESWARA RAO Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE P.S.NARAYANA WRIT PETITION NO :20788 of 2007 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioner seeking to set aside the order, dated 21.9.2006 passed by the A.P. Administrative Tribunal in O.A.No.7804 of 2002. The petitioner herein is the applicant before the tribunal. He filed the above O.A. seeking to direct the respondents setting aside C.No.174/PR/98, dated 15.8.2000 and Memo No.T.Dis.No.896/T3/2001, dated 31.10.2001 of the 1st respondent. The tribunal having observed that the applicant was asked to pursue the proposal for acquiring the land for allotment to the Police Constables and that the police constables paid certain amounts to him for incidental expenditure and for leveling of the land etc., and the enquiry officer clearly gave his finding that the applicant has not returned the money or account for and swallowed it and the same has been proved and the report of the enquiry officer is based on relevant material, dismissed the O.A. Having aggrieved by the same, the present writ petition has been filed by the applicant. Heard the learned Counsel for the petitioner as well as the learned Government Pleader for Home and perused the material available on record. The material on record goes to show that the applicant was entrusted with the work of seeing the proposal to acquire land for the benefit of Police Constables working at Naidupet, Venkatagiri and Sullurpet Headquarters. In this connection, the constables paid certain amounts to the applicant for incidental expenses and also for leveling the land and for development for it. But, the said attempt has failed. The applicant has neither returned the amounts nor accounted for the same. In the enquiry proceedings, it was proved that he swallowed the amounts and consequently, he was imposed punishment of reduction of time scale of pay by two stages for a period of two years with effect on future increments and pension. The appeal and the revision filed by the applicant were dismissed. On a perusal of the record, it is apparent that the statements of the witnesses would clearly go to show that the applicant swallowed the amounts collected from the constables in connection with the land. Therefore, We feel that the findings of the enquiry officer and the tribunal need no interference in this regard. Apart from that, it is to be noted that the tribunal has passed the order impugned herein on 21.9.2006 whereas the present writ petition is preferred on 19.9.2007 i.e., after a lapse of one year. No explanation is forthcoming for such an inordinate delay. Under the above circumstances, We see no merits in this writ petition and the same is liable to be dismissed. Accordingly, this writ petition is dismissed at the admission stage. No costs. _______________________ Justice T. Meena Kumari ____________________ Justice P.S.Narayana Date: 11/04/2008 Gurc/nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.20788 OF 2007 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) Dated: 11.04.2008