THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE C.V.RAMULU W.P.No.20686 of 1999 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed questioning the order passed by A.P. Administrative Tribunal, Hyderabad in O.A.No.7781 of 1997 dated 3.8.1999, whereunder the Tribunal confirmed the dismissal order passed against the petitioner vide G.O.Ms.No.302 Finance and Planning (FW) Department dated 22.11.1997. The brief facts necessary for deciding the writ petition are that petitioner while working as Senior Accountant in the Directorate of Treasuries and Accounts was deputed to Nizams Institute of Medical Sciences (NIMS), Hyderabad on foreign service terms in the year 1986. The authorities of Anti Corruption Bureau (ACB) have booked a case against the petitioner on 18.2.1987 on a charge of receiving illegal gratification. However, the said case ended in acquittal. Thereafter, departmental enquiry was conducted against the petitioner and the enquiry officer after conducting enquiry, submitted his report. Basing on the same, petitioner was dismissed from service. The learned counsel for petitioner submitted that no proper opportunity was given to the petitioner to defend his case in the departmental enquiry, and as such, the enquiry report, holding the petitioner guilty of the charges framed against him, is illegal and arbitrary, and more so when the petitioner was acquitted in the criminal case filed by ACB. Hence, the order of dismissal passed, as confirmed by the Tribunal, is liable to be set aside and the petitioner is entitled to be reinstated into service. Per contra, the learned Government Pleader appearing for respondents submitted that proper opportunity was given to the petitioner to defend himself, at every stage of the proceedings, and since the case filed by ACB authorities was dismissed on the ground of jurisdiction, there is no bar to proceed with departmentally against the petitioner. Therefore, the Tribunal has rightly refused to interfere with the punishment imposed by the disciplinary authority. Heard both sides, and perused the impugned order passed by the Tribunal as also the dismissal order. The charge against the petitioner is that he demanded and accepted Rs.1,000/- from K.K.Minan as illegal gratification for showing official favour in sending the non-drawal certificate, service book etc. of his wife who was transferred to Gandhi Hospital, Secunderabad. The Phenolphthalein test conducted on his fingers proved positive. Petitioner was arrested and released on personal bond. He was suspended and Government have sanctioned prosecution orders vide G.O.Rt.No.1338 dated 26.7.1988 and the ACB have filed charge sheet before the ACB Court in C.C.No.14 of 1989. We are of the opinion that demanding bribe to do an official favour, is a serious misconduct, and is an offence punishable under the provisions of Prevention of Corruption Act. Merely because the case filed by ACB ended in acquittal particularly on the ground of non-availability of jurisdiction against the employees of NIMS, it cannot be said that the petitioner would not have been proceeded with departmentally. Petitioner was given full and fair opportunity to defend his case, and since the charge in the departmental enquiry was proved, he was dismissed from service. We are of the opinion that the Tribunal has rightly confirmed the dismissal order passed by the official respondents. No grounds are made out calling interference of this Court under Article 226 of the Constitution of India. The writ petition is devoid of merits and liable to be dismissed. Accordingly, the writ petition is dismissed. No order as to costs. ____________________ GHULAM MOHAMMED, J _____________ C.V.RAMULU, J Date: 16.6.2008 DA THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE C.V.RAMULU W.P.No.20686 of 1999 (Order of the Bench delivered by Hon’ble Sri Justice Ghulam Mohammed) 16.6.2008 IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 20686 of 1999 Between: K. Gopalakrishnaiah S/o K. Krishnappa O/o the Director of Animal Husbandry A.P., Hyderabad. ..... PETITIONER AND 1 The Secretary to Government Finance & Planning (FW) Department A.P.Secretariat, Hyderabad. 2 The Disrector of Treasuries and Accounts A.P., Tilak Road, Hyderabad. 3 The Hon'ble A.P. Administrative Tribunal Rep. by its Registrar Puranahaveli, 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, order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to the issuance of G.O.Ms.No.302 Finance & Planning (FW) Department, dt: 22-11-97 issued by 1st Respondent as confirmed by the Hon'ble A.P.Administrative Tribunal in O.A.No.7781/97 dt: 3-8-99 and quash the same as arbitrary and illegal and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.S.SATYAM REDDY Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following :