HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.2682 of 2000 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled seeking to set aside the complaint No.473/98/B2 dated 11-8-1999 issued by the ﬁrst respondent – Lok Ayukta and Upa-Lokayukta of Andhra Pradesh, 2. The Upa-Lokayukta had passed order dated 11-8-1999, stating that during preliminary veriﬁcation, it was found that P.Chandraiah, Chairman of Agriculture Market Committee, Pargi, among others, is involved in certain irregularities and directed the competent authority to take appropriate action against him. The said order was sent to the Commissioner of B.C.Welfare Department and pursuant to the report, action was sought to be taken. 3. Heard learned counsel for the petitioner and learned Government Pleader. 4. Learned counsel for the petitioner contended that the name of the petitioner is shown at Sl.No.10 in the list of public servants against whom action is to be taken and that the proceedings are sought to be initiated without giving any notice, that too on an anonymous petition ﬁled by one Ramachander. Learned counsel has drawn our attention to the deﬁnition of ‘oﬃcer’ under Section 2 (i) of the A.P. Lok Ayukta and Upa-Lokayukta Act, 1983 and contended that the petitioner does not come within the purview of the Act and the Upa- Lokayukta ought not to have proceeded on the complaint especially when a copy of the complaint was not furnished to him. 5. Learned Government Pleader contended that the Government is empowered to take action in case irregularities are found. 6. We have considered the submissions made on either side and perused the impugned order. It is seen that the Upa-Lokayukta had conducted preliminary investigation only and directed the competent authority to take necessary action. In the instant case, we are concerned only with the petitioner – M.Surender, who is shown at Sl.No.10 in the list of public servants against whom action was recommended. We have perused the report also and it stipulates that appropriate action be taken against the public servants in accordance with law. Thereafter, the authority concerned had issued charge- memo. This Court granted interim suspension of the order dated 11-8-1999 in respect of petitioner alone, and pursuant thereto, the charge-memo was withdrawn. In view of the fact that the matter is pending for the last nine years and having regard to the facts and circumstances, we are of the considered opinion that the impugned order is liable to be set aside to the extent of petitioner only. This order does not preclude the competent authority from taking action against the petitioner in accordance with law, after aﬀording him reasonable opportunity of hearing and written submissions and passing appropriate orders. 7. The writ petition is accordingly allowed. No order as to costs. ___________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 28-07-2008 bsc IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 2682 of 2000 Between: M.Surender son of .Siva Reddy Dy. Registrar of Co.op Societies Dist. Co-op Audit officer Ranga Reddy Dist ..... PETITIONER AND 1 Registrar Lok Ayukta and Upa Lokayukta of AP. Basheerabagh, Hyderabad-63 2 Prl . Secretary to Govt. Co-Op and Marketing Department The State of AP Secretariat, Hyderabad 3 The Registrar of Co.Op Society AP., Hyderabad .....RESPONDENT(S) 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 to issue a writ or direction, order or Writ, more particulalry one in the nature of Mandamus and declare the complaint No.473/98/B2, dt, 11/08/99 of the 1st respondent as arbitrary illegal and wholly without jurisdiction and set aside the same and pass Counsel for the Petitioner:DR.K.LAKSHMI NARASIMHA Counsel for the Respondent No.: MR.M.V.S.SURESH KUMAR The Court made the following :