THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No.17954 of 2009 ORDER: (per the Hon’ble Sri Justice Vilas V. Afzulpurkar) The issue involved in this writ petition relates to charge memo issued to the respondent herein under Rule 20 of the A.P.C.S. (CCA) Rules, 1991 in G.O.Rt.No.1348, Health, Medical and Family Welfare (VC.II.1) Department, dated 19-02-2005, which reads as follows:- “That Sri N.S.Prakasa Rao, District Malaria Officer, West Godavari District while working as Assistant Malaria Officer, West Godavari has produced wrong information before the competent authority while re-building his Service Register and managed to enter his date of birth as 01-07-1948 instead of 01-07-1946 with malafide intention. Thereby he misled the higher authorities, and had tampered the records with criminal motivation. Thereby, he violated Rule (3) of APCS (Conduct) Rules, 1964 and thus liable for disciplinary action as per APCS (CCA) Rules, 1991.” The Tribunal under the impugned order had quashed the charge memo on the ground that there was inordinate delay in framing the charge. Questioning the aforesaid order, the present writ petition is filed by the State. On the last occasion, when we heard the writ petition at the stage of admission by hearing both the learned counsel appearing on either side, there was a suggestion on behalf of the learned counsel for the respondent that if the respondent herein does not insist on his date of retirement as 30-06-2006 and if he accepts the date of retirement as 30-06-2004, basing on his date of birth as 01-07-1946, all further proceedings relating to disciplinary enquiry etc., may be closed. Learned counsel for the respondent, on instructions, now submits that his client i.e., respondent herein accepts that his date of birth be treated as 01-07-1946 and consequently his date of retirement as 30-06-2004 and consequently, all retiral benefits shall be calculated on the basis of the aforesaid accepted date of birth and date of retirement. In view of the above, all further proceedings relating to disciplinary enquiry etc., may be unnecessary and be closed. Insofar as the salary paid to the respondent for the period from July 2004 onwards upto the end of June, 2006 is concerned, the learned Government Pleader accepts that since the respondent has worked, the payment of salary is to the extent of the work done by him and as such, the said claim also may not be pressed by the State. In view of the resolution of the dispute in the manner as indicated above, no further adjudication is necessary in this matter. The disciplinary proceedings which are already quashed by the Tribunal on the ground of delay shall however stands substituted in view of the consensus recorded above. Accordingly, the writ petition is disposed of. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Date: 24-09-2009 Prv