THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL No.266 of 2011 Dated:24.11.2011 Between: P.Prem Kumar .. Appellant And The Government of Andhra Pradesh, Represented by its Secretary, Education (SEPS) Department, Secretariat Buildings, Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL No.266 of 2011 JUDGMENT: (Per Hon’ble Sri Justice Ghulam Mohammed) The appellant, who was a Clerk in the 3rd respondent - a Private Educational Institution, was placed under suspension on 14.06.1991 on the ground that he misappropriated a sum of Rs.13,168/- from the Teachers’ Provident Fund. Subsequently, after conducting disciplinary enquiry against the appellant, the 3rd respondent dismissed him from service through order dated 18.11.1991. Aggrieved by which, the appellant preferred an appeal before the 2nd respondent, who passed an interim order on 18.03.1992, directing his reinstatement, pending the appeal. Thereafter, by an order dated 18.05.1997, the 2nd respondent set aside the dismissal order and directed his reinstatement, treating the period of suspension as dias non, disabling the appellant from getting any salary, or beneﬁt for that period. Challenging the same, the appellant ﬁled an appeal before the 1st respondent, who by an order dated 23.12.2002, dismissed the appeal. Challenging the same, the appellant ﬁled W.P.No.3884 of 2003, which was also dismissed by the learned single Judge through an order dated 27.12.2010. Hence, the appellant ﬁled the present writ appeal. 2. Heard both sides. 3. In view of the fact that since the appellant has admitted his guilt and deposited a sum of Rs.8,000/- from out of the misappropriated amount of Rs.13,168/- from the Teachers’ Provident Fund, the learned single Judge has rightly dismissed the writ petition. Hence, the impugned order passed by the learned single Judge does not suﬀer from any inﬁrmity or illegality calling interference of this Court. 4. The writ appeal is accordingly dismissed. There shall be no order as to costs. ___________________________ GHULAM MOHAMMED, J _________________________________ NOOTY RAMAMOHANA RAO, J 24.11.2011 KH learned single Judge has rightly dismissed the writ petition ,It is evident from the record that the appellant admitted his guilt and deposited a sum of Rs.8,000/- out of the misappropriated amount of Rs.13,168/- from the Teachers’ Provident Fund. This itself shows that the appellant misappropriate the Teachers’ Provident Fund In this appeal, the counsel for the appellant and the counsel for the respondent reiterated their respective submissions. In this appeal, the counsel for the appellant/respondent submitted that the respondent/petitioner involved in misappropriation of the funds of the corporation and improper maintenance of relevant registers etc. and his reinstatement into service would defeated the purpose of placing him under suspension. There shall be no order as to costs. ___________________________ GHULAM MOHAMMED, J _________________________________ NOOTY RAMAMOHANA RAO, J 24.11.2011 KH