IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 8803 of 1999 Between: M.Kumara Swamy S/o. Lakshmaiah O/o. Assistant Zonal Manager, A.P.Industrial Infrastructure Corporation Ltd., Autonagar, Hyderabad. ..... PETITIONER AND 1 The A.P.Industrial Infrastructure Corporation Ltd., Rep. by its Chairman-cum-Managing Director Parishram Bhavan, Hyderabad. 2 The Board of Directors, A.P.Industrial Infrastructure Corporation Ltd., Parishram Bhavan, Hyderabad. 3 The Executive Director (F) A.P. Industrial Infrastructure Corpn. Ltd., Parishram Bhavan, Hyderabad. 4 The Deputy Zonal Manager (D2), A.P.I.I.C., Moulaali, Hyderabad. ....RESPONDENTS 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 issue an appropriate Writ, Order or direction especially one in the nature of a Writ of Mandamus declaring the entire enquiry proceedings and the orders of punishment of reduction to a lower post vide Procs.No.19809/PW/APIIC/E3/98 dt.28-7-98 of the 3rd respondent as confirmed in Procs.No.IOM.No.19809/PW/APIIC/E3/98 Dt:27/3/1999 vide Board discussions dated.16-3-99 as being arbitrary, illegal, unconstitutional, null and void and consequently direct the respondents to accord all consequential and other attendant benefits by restoration as Senior Assistant. Counsel for the Petitioner: MR.B.VISWANATHA REDDY Counsel for the Respondents: MR.P.RAMABHOOPAL REDDY The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.8803 of 1999 ORDER: The petitioner, a Senior Assistant working with the respondent, was in-charge of collection of amounts towards estate collection and property tax. He was charged of having collected a sum of Rs.1977.25 ps. towards estate collection for the period from 09.01.1998 to 31.01.1998 and to have deposited the said amounts only on 03.02.1998 and 06.02.1998 respectively. He was also charged of having collected property tax of Rs.3,785.40 ps. during the period from 12.12.1997 to 20.01.1998. An enquiry was held and the petitioner, thereafter, was imposed the punishment of reversion to the lower Grade of Assistant for a period of eight years and, on restoration as Senior Assistant after eight years, he would take his seniority below all existing Senior Assistants as on that date. 2. Sri B.Viswanatha Reddy, learned Counsel for the petitioner, would submit that the petitioner had not collected the estate collection amount of Rs.1977.25 ps and that he had only collected property tax of Rs.3785.40 ps. Learned Counsel would submit that it was not a case of misappropriation but was merely a case of the petitioner having retained the money for some time before depositing it into the bank. Learned Counsel would submit that, for such a minor error on his part, the petitioner ought not to have been imposed the punishment of not only reversion to a lower Grade for a period of eight years but also of denial of seniority after his being restored back to the grade of Senior Assistant. 3. I am afraid I cannot agree. The property tax amount collected during the period 12.12.1997 to 20.01.1998, even according to Sri B.Viswanatha Reddy, learned Counsel for the petitioner, was deposited in the bank only on 03.02.1998. Retention of amounts which rightfully belonged to the respondents, and which the petitioner was required to deposit in the bank either on the same day or on the next day, for a period of more than a month, certainly amounts to temporary misappropriation. The petitioner must consider himself fortunate that he was not imposed a more deterrent penalty of either removal or dismissal from service. I see absolutely no reason to interfere with the punishment imposed on the petitioner for the grave and serious charge of temporary misappropriation having been established. The writ petition fails and is, accordingly, dismissed. However, in the circumstances, without costs. ______________________________ RAMESH RANGANATHAN, J. Date: 20.06.2008 GS