THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.16139 OF 2009 ORDER: (Per Sri Justice Vilas V. Afzulpurkar) The respondents in O.A.No.3337 of 2009 have approached this Court for writ of Certiorari questioning the order, dated 25.2.2009, passed by the Andhra Pradesh Administrative Tribunal in the aforesaid O.A. We have heard the learned Government Pleader for Services-I and the learned counsel appearing for the respondent herein. The facts, as disclosed from the order of the Tribunal, are that the respondent herein was retired from service on 31.7.2004 and just before his retirement a show cause notice was issued to him on 30.7.2004 i.e., one day prior to his retirement on the ground that he has committed certain irregularities. The grievance of the respondent was that though more than four years have elapsed from the date of issue of the charge memo, the disciplinary proceedings are still pending and his terminal benefits are not released. Aggrieved by the said inaction on the part of the petitioners herein, he approached the Tribunal with the aforesaid O.A. Under the impugned order the Tribunal rightly held that the inaction on the part of the petitioners herein is not justified in not concluding disciplinary proceedings and disposed of the O.A. with conditional order directing the petitioners to complete the enquiry within a period of two months from the date of receipt of the order, failing which the petitioners shall release all terminal benefits immediately on expiry of the aforesaid period of two months. The said order is questioned in this writ petition. The learned Government Pleader submits that an enquiry officer has since been appointed and the enquiry is in progress. We, however, do not see any merits in the writ petition inasmuch as the Tribunal has already shown indulgence by granting two months time to the petitioners to complete the enquiry. However, the learned Government Pleader requests that if sufficient time is granted to the petitioners, they will complete the enquiry and requests to grant a further period of two months, so that adequate opportunity is also given to the respondent to defend himself. Considering the aforesaid submissions, the petitioners are directed to complete the enquiry within a period of two months from today. Failing which, the respondent herein shall be entitled to release of pension, gratuity and other retirement benefits immediately on expiry of the said period of two months. The respondent shall co-operate with the petitioners for completion of the enquiry within the period specified above. Subject to the above direction, the writ petition is dismissed. __________________ V.ESWARAIAH, J. _________________________ VILAS V. AFZULPURKAR, J. 7.8.2009 Note: Issue copy within two days B.o. kpr