IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 5668 of 2009 Between: Pujari Venkata Laxmi Narayana Murthy S/o. P. Ramalinga Murthy G.P.C.M. Society Ltd., Chintapalli (V) & (P), Visakhapatnam District. ..... PETITIONER AND 1 The Secretary, Tribal Welfare, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad. 2 The Vice Chairman & Managing Director, Girijan Coop. Corporation Ltd., Chintapalli (V) & (P), Visakhapatnam District. 3 The Divisional Manager, Girijan Coop. Corporation Ltd., Chintapalli (V) & (P), Visakhapatnam District. 4 The General Manager (Finance)/ Enquiry Officer, Girijan Coop. Corporation Ltd., Chintapalli (V) & (P), Visakhapatnam District. .....RESPONDENT(S) 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 a writ, order or direction in the nature of Writ of Certiorari calling for the records relating to the order of the 3rd respondent in RC.No.21/2008/B dt. 26.6.2008 kept the petitioner under suspension and consequential charges framed by the 4th respondent, and additional charge No.8 is illegal, arbitrary against the principles of natural justice and quash the same as null and void and further direct the respondents to reinstate the petitioner on duty and pass Counsel for the Petitioner:MR.G.SHANKAR Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 5668 OF 2009 ORDER: 1. The petitioner is working as Junior Assistant in LPG Godown in charge, GPCMS, Chintapalli. Disciplinary Proceedings were initiated against him for the shortage in gas cylinders. Pending disciplinary proceedings, the Divisional Manager, GCC Ltd., Chintapalli-3rd Respondent issued proceedings keeping the petitioner under suspension. The order of the suspension is under challenged in this writ petition. 2. When the writ petition came up for admission, learned Government Pleader for Social Welfare takes notice on behalf of Respondent No.1 and Sri G. Vevikananda, learned standing counsel of Girijan Co- Operative Societies takes notice on behalf of the Respondents 2 to 4. 3. Heard learned counsel for the parties. 4. Learned counsel appearing for the petitioner submits that the predecessor of the petitioner did not maintain any accounts of the gas cylinder and thereby deficiency occurred and the petitioner is no way responsible for the deficiency in the LPG Gas Cylinders. 5. The fact that the disciplinary proceedings have been initiated on the ground of deficiencies in LPG Gas Cylinders is not in dispute. Whether the deficiency has occurred during the tenure of the petitioner or during the tenure of his predecessor in office is required to be ascertained during the enquiry. 5. In that view of the matter, the writ petition is disposed of directing the 3rd respondent to expedite enquiry initiated against the petitioner and complete the same as early as possible preferably within four weeks from the date of receipt of copy of this order. _______________________________ Justice B. Seshasayana Reddy 19th March 2009 KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 5668 OF 2009 19th March, 2009.