IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 843 of 2006 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 23/03/2005 in WP NO : 16136 OF 1993 on the file of the High Court.) Between: The Andhra Pradesh State Federation of Co.op. Spinning Mills Limited, Posnett Bhavan, 4th Floor, Ramkote, Hyderabad rep., by its Liquidator ..... APPELLANT AND 1 S.U.M.Prasad, s/o Rachaiah, Formerly Managing Director of Rajahmundry Spinning Mills Ltd., r/o H.No.25-4-6, Jaikrishnapuram, Rajahmundry, East Godavari District. 2 The Board of Directors of the A.P.State Federation of Co.operative Spinning Mills Limited, Hyderabad represented by its Chairman. 3 M.S.B.Chalapathi Rao, Executive Director, A.P.Spinfed & Enquiry Officer, Hyderabad. .....RESPONDENT(S) Counsel for the Appellant: MR.V.T.M.PRASAD Counsel for Respondent No.1: MR.M.PANDURANGA RAO Counsel for Respondent Nos. 2 and 3: Sri G. Shiva Kumar The Court made the following : JUDGMENT: (Per Sri A. Gopal Reddy, J) This intra-court appeal under Clause 15 of the Letters Patent is directed against order dated 23-03- 2005 passed by a learned single Judge of this Court in Writ Petition No. 16136 of 1993. The 1st respondent ﬁled the writ petition challenging the order of dismissal passed by the 1st appellant in proceedings No. 863/90-A, dated 30-03-1990 as conﬁrmed by the appellate authority. The learned single Judge set aside the impugned order on the ground that the Enquiry Oﬃcer is not competent to frame the charges, but he can only conduct enquiry when authorized by the Managing Director and that the Enquiry Oﬃcer who framed the charges virtually acted as a Prosecutor and the Judge and, therefore, such an enquiry cannot be upheld. However, the learned single Judge allowed the writ petition directing the appellant – Corporation to pay Rs.3,50,000/- as compensation in lieu of reinstatement. We see no inﬁrmity discernible in the view taken by the learned single Judge. The only submission of the learned counsel for the appellant is that the compensation in lieu of reinstatement directed to be paid may be reduced on the ground that the appellant – Andhra Pradesh State Federation of Cooperative Spinning Mills Limited is under liquidation. The learned single Judge after taking into consideration the liquidation proceedings in para 70 of his order directed payment of Rs.3,50,000/- to the 1st respondent towards compensation in lieu of reinstatement. Sri M. Pandu Ranga Rao, learned counsel for respondent No.1 – writ petitioner fairly stated that the writ petitioner is agreeable to receive a sum of Rs.2,50,000/- towards compensation in lieu of reinstatement apart from Rs.15,000/- deposited towards security deposit, in all amounting to a total compensation of Rs.2,65,000/-. The same appears to be reasonable. We accordingly conﬁrm the order passed by the learned single Judge in awarding compensation in lieu of reinstatement, but reduce the amount of compensation to Rs.2,65,000/-, which shall be paid to the 1st respondent within three months from the date of receipt of a copy of this order. The writ appeal is accordingly dismissed. No order as to costs. A. GOPAL REDDY, J VILAS V. AFZULPURKAR, J 23-09-2008 ks Note: Despatch copy of the order within three days. B/O ........REGISTRAR To 1 The Liquidator, Andhra Pradesh State Federation of Co.op. Spinning Mills Limited, Posnett Bhavan, 4th Floor, Ramkote, Hyderabad. 2 The Board of Directors of the A.P.State Federation of Co.operative Spinning Mills Limited, Hyderabad. 3 Two CD copies.