IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 921 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 02/05/2008 in WP No:10210 OF 2008 on the file of the High Court.) Between: Rayala Prabhakar Rao District Manager (Seeds) (Under Suspension) APSSDC Ltd. H.No.78-117, Krishna Nagar, Kurnool 518 002. ..... APPELLANT AND 1 A.P.State Seeds Dev. Corporation Ltd., rep. by its Vice Chairman & managing Director, 5-10-193, II Floor, HACA Bhavan, Opp: Public Gardens, Hyderabad. 2 Sri.M.Venkateswara Rao, Enquiry Officer, A.P. State Seeds Dev. Corporation Ltd., 5-10-193, II Floor, HACA Bhavan, Opp: Public Gardens, Hyderabad. .....RESPONDENTS Counsel for the Appellant:MR.A.P.VENUGOPAL Counsel for the Respondent No.: MR.SHYAM SUNDER The Court made the following : HONOURABLE SMT. JUSTICE T. MEENA KUMARI & HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR W.A.No.921 OF 2008 JUDGMENT: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ appeal is filed by the appellant against the order of the learned single Judge passed in W.P.No.10210 of 2008 on 2.5.2008. Appellant herein is the writ petitioner. He filed the writ petition seeking to call for the records pertaining to Charge Memo No.SSDC/Admn/2007-08/5442, dated 3-12-2007 and quash the same being violative of principles of natural justice and to declare the action of the 1st respondent/Corporation in not reviewing the suspension orders dated 12-3-2007 and not reinstating the petitioner into service as illegal and arbitrary and consequently, direct the 1st respondent/Corporation to reinstate and continue the petitioner as District Manager (Seeds) with all consequential and incidental benefits attached to the post. The learned single Judge having observed that it emerges that if the failure of the crop cannot be attributed to any lapse on the part of the petitioner, the proceedings would be liable to be dropped and that the petitioner can rely on such material, as they intend to, to prove their innocence, in the domestic enquiry and no serious legal infirmity is pointed out by the petitioner, dismissed the writ petition leaving it pen to him, to urge all the grounds in the domestic enquiry. Having aggrieved by the same, the present writ appeal is preferred by the writ petitioner. Heard the learned counsel and perused the entire material available on record. There is no dispute with regard to the deputation of the petitioner to verify the processing of seeds. However, if it is found that the petitioner is not responsible for the failure of the crop in question, the proceedings would automatically be dropped as rightly observed by the learned single Judge. The petitioner is always at liberty to prove his innocence by adducing the relevant material during the course of the domestic enquiry. However, the time for four months to conclude the enquiry, granted by the learned single Judge, is hereby extended for a further period of six months from the date of receipt of a copy of this order. Subject to the above observation, this writ appeal is disposed of. No costs. __________________________ Justice T. MEENA KUMARI ________________________________ Justice VILAS V. AFZULPURKAR Dated 1st April, 2009. Dvs/Kh HONOURABLE SMT. JUSTICE T. MEENA KUMARI & HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR W.A.No.921 OF 2008 (Judgment of the Division Bench delivered by Smt.Justice T.Meenakumari) Dated 1st April, 2009.