THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 13151 of 2011 ORDER:- This Writ Petition is filed seeking to issue a writ of Mandamus declaring the action of the third respondent in issuing proceedings Rc. No.T19/955/2011, dated 19.04.2011 suspending the petitioner and appointing the Deputy Director (TW), ITDA, Rampachodavaram as Enquiry Officer as illegal and arbitrary, and consequently direct the respondents to conduct enquiry if warranted, by an officer who is not associated with the inspection held on 14.4.2011. 2. The brief facts are, the petitioner is working as Hostel Welfare Officer, S.T. Boys Hostel, Maredmilli. On 14.4.2011, the Deputy Director, Tribal Welfare, inspected the hostel. It was noticed during the inspection that there was a variation of 18 boarders i.e. number marked present was 117 and number actually present was 99, and that the petitioner had not taken complete charge of Hostel Welfare Officer from his predecessor, and that office copy of diet bills were not available in the hostel except for the months of 6/2010 and 2/2011, and that on verification of diet bills, cash book and TBR, the petitioner had drawn excess amount of Rs.8,220/- and Rs.5,590/- for the months of 6/2010 and 2/2011 respectively. On that basis, the impugned order has been passed suspending the petitioner from service. There cannot be any dispute that the appointing authority has got power to suspend an employee when there is prima facie misappropriation of the Government funds. Therefore, the impugned order needs no interference by this court. 3. However, the grievance of the petitioner is that the Deputy Director (TW), ITDA, Rampachodavaram, who inspected the hostel and found certain lapses in maintenance of the hostel, was appointed as Enquiry Officer to enquire into the matter. It is well settled that the enquiry should be conducted in fair, just and reasonable manner. There should not be any bias on the part of the enquiry officer. The Enquiry Officer is none other than the person who found the alleged irregularities. Therefore, the appointment of the Enquiry Officer is liable to be set aside. 4. Accordingly, appointment of the Deputy Director (TW), ITDA, Rampachodavaram as Enquiry Officer is set aside. The third respondent is at liberty to appoint another Officer as Enquiry Officer and proceed with the enquiry. Appointment of the Enquiry Officer shall be completed within a period of four weeks from the date of receipt of a copy of this order. 5. The Writ Petition is, accordingly, disposed of. No costs. _​_____________________ JUSTICE K.C.BHANU 30th April, 2011 DRK THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No. 13151 OF 2011 Date:30-04-2011 IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.13151 OF 2011 Date:30.04.2011 Between:- G.Satyanaayana .. Petitioner And Govt. of Andhra Pradesh, rep. by its Principal Secretary, Tribal Welfare Department & others .. Respondents