IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 20180 of 2007 Between: 1 The Government of A.P., rep. by its Secretary, Health, Medical & Family Welfare Department, Secretariat, Hyderabad. 2 The Director of Health, Kandriya Sadan, Sultan Bazar, Koti, Hyderabad. 3 The Regional Director of Medical and Health Services, Rajahmundry, E.G. District. ..... PETITIONERS AND Dr.T.Satyanarayana Murthy Rampachodavaram, E.G. District., R/o. Plot No.88, Road No.2, Netajinagar, Kapra, Hyderabad. .....RESPONDENT 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 or direction more particularly one in the nature of Writ of Certiorari call for the records relating to O.A.No.1078 of 2007 dated 24.7.2007 on file of the Andhra Pradesh Administrative Tribunal at Hyderabad and quash the same and to pass such other order or orders. Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent .: SRI ANDAPALLI SANJEEV KUMAR. The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :20180 of 2007 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioners seeking to set aside the order of the tribunal passed in O.A.No:1078 of 2007 on 24.7.2007. The respondent is the applicant and he filed the above O.A. seeking to declare the action of the respondents therein in not finalizing the disciplinary proceedings against him in pursuance to the charge memo dated 23.9.1999 and the enquiry reports dated 26.12.2000 and 16.12.2002 and not releasing the gratuity, leave enhancement amounts and regular pension as arbitrary and illegal and consequently, to direct the respondent to finalize the disciplinary proceedings forthwith and to release the gratuity, leave encashment and regular pension. The tribunal having observed that there is an inordinate delay in passing the final orders and further when the first enquiry officer already submitted a report holding the charges as not proved, it is a fit case to quash the disciplinary proceedings and to direct the respondents to release the pension and other pensionary benefits forthwith and in view of the sanction of prosecution vide G.O.Ms.No.300, dated 29.7.2006, appropriate proceedings can be issued by the respondents basing on the result of the criminal proceedings, allowed the O.A. Having aggrieved by the same, the respondents therein preferred the present writ petition. Heard the learned G.P. and the learned Counsel appearing for the respondent-applicant and perused the material available on record. It is contended by the learned Government Pleader that the applicant sought for the relief to direct the respondent to finalize the disciplinary proceedings, but the tribunal has gone beyond the scope of the application and set aside the charge memo in the absence of any relief sought for quashing the charge memo and therefore, the order of the tribunal is liable to be set aside. On the other hand, the learned Counsel for the respondent- applicant contended that there is an inordinate delay on the part of the authorities in proceedings with the finalization of the disciplinary proceedings and therefore, the order of the tribunal needs no interference. As can be seen from the material available on record and the order impugned, it is apparent that a charge memo was issued in October, 1999 and the first enquiry officer submitted a report holding the charges as not proved. But, on the doubt expressed by the enquiry officer on the charge of purchases at higher rate with non-rate contract firm, 2nd enquiry officer was appointed and the 2nd enquiry officer has also submitted report. But however, in view of the pendency of ACB investigation, no final orders have been passed. Under the above circumstances and in view of the fact that enquiry has been conducted and the reports have already been submitted, without expressing any opinion on the merits of the case, We feel that it would suffice if a direction is issued to the writ petitioners to pass final orders on or before 30th June, 2008 independently, without reference to the criminal proceedings. In case of default, the order of the tribunal will become operative. Accordingly, the writ petition is disposed of. No order as to costs. ______________________ Justice T.Meena Kumari _____________________ Justice S.Ashok Kumar Dated:27.03.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :20180 of 2007 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 27/03/2008 ,