THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.16174 OF 2008 O R D E R Heard the counsel for the petitioner and the Standing Counsel for the respondent – Kakatiya University, Warangal. 2. Aggrieved by the ﬁnal show cause notice dated 5.7.2008 issued by the 1st respondent – Kakatiya Univerity, Warangal represented by its Registrar, in proceedings No.262/A3/KU/2008 in directing the petitioner, who was working as Senior Assistant in the respondent – University, to submit his explanation as to why he shall not be removed from services, besides recovery of diversion of University funds towards payment of other subscribers telephone bills, the present writ petition is filed. 3. From the material available on record, it could be seen that the petitioner was appointed as Telephone Operation in the respondent - University and subsequently, he was promoted as Senior Assistant and however, he is continued to work as Telephone Operator till February, 2004. Certain allegations were made against the petitioner with regard to embezzlement of the university – funds. A preliminary enquiry was conducted by a fact ﬁnding committee, which found the following irregularities against the petitioner: 1. You have embezzled a sum of Rs.3,61,163/- by inﬂating the bill amount pertaining to the university telephones, during the period between August, 2000 to February, 2004 and received the amounts through third parties under the modus operandi as referred above and 2. you have fabricated and duplicated the bills wherein inﬂated amounts were reﬂected to accommodate your own telephone bills, bills of some of the university employees and also bills of outside subscribers i.e., the modus operandi referred above. With the above charges, the 1st respondent – University issued a show cause notice dated 25.11.2004 alleging the embezzlement of the university funds. The petitioner by representation dated 2.7.2007 sought for certain documents including providing records for ﬁve years, particularly telephone bills received from BSNL, fully vouched contingent bills, vouchers, counterfoils etc. Alleging that the 1st respondent – University has not furnished the required documents, he ﬁled W.P.No.14410/2007 before this court and this court at the state of admission by order dated 6.7.2007 passed the order as under: “. .to furnish the copies of documents mentioned in his representation dated 2.7.2007, within a period of two weeks from the date of receipt of the order, if the disciplinary / Enquiry Oﬃcer is relying upon those documents for the purpose of conducting enquiry into the matter. Till such time, the enquiry shall not go. Further, it is desirable that the respondents shall complete the enquiry within a period of six months from the date of receipt of a copy of this order.” 4. The grievance of the petitioner is that without supplying the documents sought for by him and without aﬀording him the opportunity to explain the charges with reference to the documents, the respondent – University compelled him to submit explanation and issued the ﬁnal show cause notice and the same is illegal and arbitrary and is in violation of the principles of natural justice. 5. From the material on record and from the counter aﬃdavit ﬁled by the 1st respondent, it could be seen that pursuant to the order of this court in W.P.No.14410/2007 dated 6.7.2007, the respondent – University has supplied all the documents on which the enquiry is based and the petitioner has acknowledged the same on 20.7.2007 and 7.8.2007. Further, as the enquiry could not be completed within a period of six weeks from the date of receipt of a copy of the order, the respondent – University has ﬁled a miscellaneous petition in WPMP.No.4619/2008 in W.P.No.14410/2007 and sought for extension of time and this court by order dated 10.3.2008 extended time by another three months and ultimately, after completing the enquiry, the ﬁnal show cause notice dated 5.7.2008 has been issued. In view of these circumstances, I do not ﬁnd any justiﬁcation to interfere with the ﬁnal show cause notice. 6. In the ﬁnal show cause notice dated 5.7.2008, the petitioner was directed to furnish his explanation within thirty days from the date of receipt of the order. As the petitioner has questioned the ﬁnal show cause notice in this writ petition and the same is pending disposal before this court, I feel it appropriate to grant certain time to the petitioner to submit his explanation to the final show cause notice. 7. Accordingly, the writ petition is disposed of giving liberty to the petitioner to submit his explanation to the ﬁnal show cause notice dated 5.7.2008 within a period of thirty days from the date of receipt of a copy of this order and thereupon the 1st respondent – University shall pass appropriate orders in accordance with law. 8. There shall be no order as to costs. AVS ---------------------------------- -- 10—11—2008