THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL No.1449 of 2011 Dated:24.11.2011 Between: Andhra Pradesh State Agro Industries Development Corporation Limited (F&A), represented by its Vice Chairman and Managing Director, 504, Heritage Office Complex, Hill Fort Road, Hyderabad .. Appellant And Sri M.C. Raja Mohan .. Respondent THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL No.1449 of 2011 JUDGMENT: (Per Hon’ble Sri Justice Ghulam Mohammed) The appellant is the respondent in W.P.No.18991 of 2009. The respondent herein/petitioner therein joined as an Engineer in the year 1992 in the appellant - Corporation. After some time, the respondent herein was placed under suspension on 20.02.2009 on the ground that he along with two other employees had misappropriated the funds of the Corporation to a tune of Rs.1,18,33,125/-. Subsequently, the appellant - Corporation issued a charge memo dated 30.07.2009 levelling seven charges against him. Aggrieved by the same, the respondent filed W.P.No.18991 of 2009, which was disposed of by the learned single Judge on 28.09.2010 directing the Corporation to reinstate the respondent into service, if the disciplinary proceedings are not concluded within two months. Hence, the appellant filed the present writ appeal. 2. Heard both sides. 3. It is evident from para No.8.11 of the Administrative Manual of the appellant – Corporation that the disciplinary proceedings against the employees shall be concluded within one month if any minor punishment is proposed and in other cases, it should be completed within three months. However, in the present case, the Enquiry Officer is said to have been appointed in July 2010 and hardly there is any progress. Since, it is clearly stated in the Administrative Manual of the Corporation regarding the disciplinary proceedings against the employees, we do not find any reason to interfere with the order passed by the learned single Judge. 4. The writ appeal is accordingly dismissed. There shall be no order as to costs. ___________________________ GHULAM MOHAMMED, J _________________________________ NOOTY RAMAMOHANA RAO, J 24.11.2011 KH pondent-Corporation, the disciplinary proceedings against the employees shall be concluded within one month if any minor punishment is proposed and in other cases, it should be completed within three months. The Enquiry Officer is said to have been appointed in July 2010 and hardly there is any progress. ...” In view of the order of the learned Single Judge that if any minor punishment is proposed, the disciplinary proceedings against the employees shall be concluded within one month and in other cases, they should be completed within three months and the Enquiry Officer is said to have been appointed in July 2010 only, we do not find any reason to interfere with the said order. The writ appeal is accordingly dismissed. There shall be no order as to costs. ___________________________ GHULAM MOHAMMED, J _________________________________ NOOTY RAMAMOHANA RAO, J 24.11.2011 KH In this appeal, the counsel for the appellant and the counsel for the respondent reiterated their respective submissions. In this appeal, the counsel for the appellant/respondent submitted that the respondent/petitioner involved in misappropriation of the funds of the corporation and improper maintenance of relevant registers etc. and his reinstatement into service would defeated the purpose of placing him under suspension. There shall be no order as to costs. ___________________________ GHULAM MOHAMMED, J _________________________________ NOOTY RAMAMOHANA RAO, J 24.11.2011 KH