THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6005 of 2010 Dated:17.03.2010 Between: K.Gadacharyulu. …Petitioner And State of Andhra Pradesh Represented by its Inspector, Mudinepally, Krishna District, And another. ...Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6005 of 2010 ORDER: The petitioner is retired Panchayat Secretary of Sriharipuram Gram Panchayat. While he was in service he was placed under suspension on 27.06.2005. Assailing the same he filed Original Application, being O.A.No.3780 of 2005, before the Andhra Pradesh Administrative Tribunal (APAT). The suspension order was suspended. Thereafter enquiry was initiated and a charge sheet was served on him vide memo dated 09.12.2007. While the disciplinary proceedings are pending he retired on 30.06.2009. His terminal benefits including provisional pension were not released. Therefore, he filed another Original Application, being O.A.No.9131 of 2009. The same was disposed of by APAT on 21.08.2009 giving liberty to the petitioner to make a representation to the competent authority for release of provisional pension and other benefits. Accordingly, he sent a representation on 24.08.2009. In the meanwhile, the second respondent addressed a letter dated 19.02.2010 to the Sub Inspector of Police, P.S.Mudinepally, to register a case against the petitioner and conduct enquiry. It is alleged that the petitioner withheld the records without handing over after retirement and by doing so he assisted the Sarpanch to withdraw the Gram Panchayat funds. Aggrieved by the same, the petitioner filed the instant Writ Petition. This Court heard the learned Counsel for the petitioner and the learned Assistant Government Pleader for Panchayat Raj. After giving due consideration, this Court is of considered opinion that the Writ Petition is wholly misconceived. What all the second respondent has done is to address the Police to register the First Information Report (FIR). A perusal of the impugned letter would show that there was a misappropriation of funds by the Sarpanch. The petitioner abetted the offence. When the serious allegation is made and the competent Officer addressed the Police to register the FIR the same cannot be interdicted in a Writ Petition. If so advised, after the FIR is registered, the petitioner can file appropriate petition and seek quashing of FIR. The Writ Petition is accordingly dismissed. There shall be no order as to costs. ____________ (V.V.S.RAO, J) 17.03.2010 vs