THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE G. BHAVANI PRASAD WRIT PETITION NO : 12835 of 2010 Dated: 9.6.2010 Between: 1. The Transport Commissioner, Andhra Pradesh, Transport Bhavan, Khairatabad, Hyderabad and others. ..PETITIONERS And 1. P.V. Sai Prasad and another ..RESPONDENTS This Court made the following: THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE G. BHAVANI PRASAD WRIT PETITION NO :12835 of 2010 ORAL ORDER: (Per Hon’ble Sri. Justice Ghulam Mohammed) This writ petition is filed assailing the order, dated 31.12.2009 passed by the A.P. Administrative Tribunal in O.A.No.11945 of 2009. 2. The 1st respondent herein is the applicant and the petitioners are the respondents before the Tribunal. For the sake of convenience, the status of the parties will hereinafter be referred to as arrayed in the O.A. 3. The brief facts leading to the filing of this writ petition are as follows: While the applicant was working as Senior Assistant, the 2nd respondent issued a charge memo on 18.8.2004 alleging misappropriation of Government funds to a tune of Rs.25,184/- for the period from 27.5.1994 to 1.9.1996. The applicant submitted his explanation and thereafter, the enquiry was conducted. Though the enquiry was concluded, the respondents have not passed final orders. On the ground of pendency of disciplinary proceedings, the case of the applicant is not being considered for promotion as Administrative Officer in Zone-III. 4. The Government Pleader produced all the records before the Tribunal. 5. Placing reliance on a judgment of the Supreme Court in State of Punjab and Others Vs. Chamanlal Goyal[1] and having observed that the delay in conclusion of the disciplinary proceedings is on the part of the respondents and they have not passed final orders till date, the Tribunal disposed of the O.A., directing the respondents to pass appropriate orders on the report submitted by the Enquiry Officer on 7.1.2006 within three months from the date of receipt of the copy of the order or to consider the case of the applicant for promotion to the post of Administrative Officer in Zone III, depending on his seniority, eligibility and suitability, if he comes within the zone of consideration, without reference to the charge memo dated 18.8.2004. Aggrieved by the same, the respondents-authorities filed the present writ petition. 6. Heard the learned Government Pleader and perused the material available on record. 7. On a perusal of the material on record, it is apparent that the irregularities alleged against the applicant pertains to the period from 1994-1996 and the charge memo was issued to the applicant nearly after a period of eight years on 18.8.2004 and the applicant submitted his explanation and the enquiry was conducted and the Enquiry Officer submitted his report on 7.1.2006. 8. At this stage, the fact that remains undisputed is that though the report was submitted, no orders have been passed so far. In this regard, there is no othergo except to infer an adverse inference on the part of the respondents-authorities in not passing the orders so far. Apart from that, no explanation is forthcoming from the respondents in this regard. 9. In these circumstances and in view of the principles laid down by the Apex Court in the above decision, we have no hesitation to hold that the order of the Tribunal does not suffer from any illegality or infirmity warranting interference by this Court. 10. Accordingly, the writ petition is dismissed. However, one month time is granted to the authorities to comply with the order passed by the Tribunal, from the date of receipt of a copy of this Order. No order as to costs. __________________________ Justice Ghulam Mohammed __________________________ Justice G. Bhavani Prasad Date: 09.6.2010 Nn THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE G. BHAVANI PRASAD WRIT PETITION NO : 12835 OF 2010 (Order delivered by Hon’ble Sri Justice Ghulam Mohammed) 09.06.2010 [1] (1995)2 SCC 570