IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SMT. JUSTICE T.MEENAKUMARI WRIT PETITION NO:5788 OF 2000 DATED:12.8.2010 Between: V.Srihari .....PETITIONER AND The Vice Chairman & Managing Director, A.P. State Handloom Weaver Co operative Society Ltd., Narayanaguda, Hyderabad. .....RESPONDENT This Court made the following : THE HON'BLE SMT. JUSTICE T.MEENAKUMARI WRIT PETITION NO:5788 OF 2000 ORDER: This writ petition is filed by the petitioner seeking a writ of certiorari to call for the records from the respondent pertaining to Memo in Ref.No:48/99/Estt.I/E8/FAB/1996-97/CO/2000, dated 25.3.2000 and quash the same and also to direct the respondent to pay the gratuity amount of Rs.1,76,124-30 ps., payable to the petitioner after retirement along with 12% interest and all other terminal benefits immediately. The case of the petitioner is that the respondent issued a false charge memo dated 30.6.1998 and the same was served on him on 30.6.1998 at 4.05 p.m. i.e., just 55 minutes before his retirement with a view to harass him and deny him the terminal benefits. Since the terminal benefits such as gratuity are not released, he filed W.P.12291 of 1999 and the same was admitted on 24.6.1999 and it is pending. On 20.6.1998, the petitioner made a representation for release of the gratuity and while so, another show cause notice dated 25.3.2000 was issued to him alleging that he had engaged daily wagers and incurred expenditure of Rs.1,80,859-10 and he was called to give explanation within one Week from the date of the said memo. There is no bye law empowering the respondent to issue a charge memo to a retired employee and therefore, the show cause notice dated 25.3.2000 is illegal and without jurisdiction. Heard the learned counsel and perused the material available on record. A perusal of the material on record goes to show that the show cause notice dated 30.6.1998 was issued to the petitioner just one hour before his retirement and subsequently, while the representation for release of the terminal benefits is pending, another show cause was issued in the year 2000 after his retirement calling upon him to explain as to the incurring of expenditure to a tune of Rs.1,80,859-10 in respect of the daily wagers. Immediately, after the issuance of the show cause notices, the petitioner has approached this Court. In view of the fact that the petitioner has approached this Court on a mere show cause notice, without expressing any opinion on the merits of the case, I feel that it would suffice if liberty is given to the petitioner to submit his explanation by raising all objections that have been raised in this writ petition, within a period of four (4) Weeks from the date of receipt of a copy of this order and on such objections being filed, the respondent shall consider the same and pass appropriate orders in accordance with law within a period of three (3) months thereafter. Subject to the above observation, this writ petition is dismissed. No costs. __________________ Justice T.Meenakumari Date:12.8.2010. nn THE HON'BLE SMT. JUSTICE T.MEENAKUMARI WRIT PETITION NO:5788 OF 2000 DATED:12.8.2010