IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 4876 of 2008 Between: T.Nageswara Rao S/o. T.V.Subba Rao, O/o.Director Institute of Preventive Medicine & Public Health Laboratories ,Food Health Authority, Hyderabad (Under of removal from service) ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Secretary Health ,Medical & Family Welfare Department, Secretariat, Hyderabad-500022 2 The Director, Institute of Preventive Medicine, Government of Andhra Pradesh, Hyderabad .....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 an order or direction more in the nature of writ of mandamus declaring the impugned the orders of removal issued by the 1st respondent vide G.O.Ms.No.531, Health, Medical & Family Welfare (J2) Department dated 14.11.1998 and rejection of the appeal preferred by the petitioner fro reinstatement into service vide Govt. Memo No.37877/J2/98-1 dated 3.7.1999 of Health Medical & Family Welfare (J2)Department (Which was communicated to the petitioner by Rc.No.1730/E4/93-99 dated 27.11.1999) which was confirmed by the Hon`ble AP Administrative Tribunal, Hyderabad made in OA.N o.1528 of 2000 dated 31.12.2003 as illegal, arbitrary, violative of principles of natural justice contrary to APCS (CC&A) RULES, CONTRARY TO APCS (Conduct) Rules, 1964 apart from being in violation of Articles 14,16 and 21 of the Constitution of India and unconstitutional and consequently direct the respondents to reinstate the petitioner into service with all consequential benefits such as arrears of salary fixation of seniority release of all the annual grade increments etc and pass Counsel for the Petitioner: MR.A.RADHA KRISHNA Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of mandamus declaring the GO Ms. No. 531, Health, Medical & Family Welfare (J2) Department, dated 14.11.1998 removing the petitioner from service and rejecting the appeal preferred by him for reinstatement, as confirmed by order dated 31.12.2003 made in O.A. No. 1528 of 2000 by the Andhra Pradesh Administrative Tribunal, Hyderabad, as illegal, arbitrary and contrary to the A.P.C.S. (Conduct) Rules, 1964 and consequently to direct the respondents to reinstate the petitioner into service with all consequential benefits, the petitioner filed this writ petition. The petitioner herein filed the above OA assailing the order of removal issued by the first respondent in GO Ms. No. 531 Health, Medical & Family Welfare (J2) Department, dated 14.11.1998 and rejecting the appeal preferred by him for reinstatement into service vide Govt. Memo No.37877/J2/98-1 dated 3.7.1999 issued by the Health, Medical & Family Welfare (J2) Department. The petitioner was appointed as Record Assistant in the office of the Director of Medical Services and in the year 1984 and he became a permanent member of the Directorate of Institute of Preventive Medicine and in the year 1985 he was promoted as Senior Assistant. Thereafter, in the year 1993 the petitioner was placed under suspension and was prosecuted before the Tribunal for Disciplinary Proceedings, Hyderabad, vide TEC No. 5 of 1996, for the charge of conspiring and conniving with five others to provide employment to the unemployed youth as Field Workers/Superior Field Workers in the Health Department for unjust enrichment. The Tribunal, by the order, which is impugned in this writ petition, has dismissed the O.A. holding that the matter is similar to that of the order passed in O.A. No. 7269 of 1999 dated 9.4.2003 Aggrieved thereby, the present writ petition is filed by the petitioner. A perusal of the impugned order shows that the lis in the present writ petition is similar to the one in O.A. No. 7269 of 1999, which was filed by one Mr. M.Hanumantha Rao, who faced trial before the Tribunal for Disciplinary Proceedings in TEC No. 4 of 1996. Mr. M.Hanumantha Rao, is one among the five others who are alleged to have conspired and connived with each other in providing employment to the unemployed youth for wrongful gain. The Tribunal, after elaborate analysis of the events, dismissed the said OA No. 7269 of 1999 filed by Mr. M.Hanumantha Rao, by order, dated 9.4.2003. Evidently, the impugned order is passed as long back as on 9.4.2003 confirming the orders of removal from service and the present writ petition is filed on 28.2.2008 assailing the said order, almost after five years of the passing of the impugned order. No plausible reason is forthcoming to justify the laches. For these reasons, we do not find any justifiable ground to interfere with the impugned order. Consequently, the writ petition fails and is accordingly dismissed at the stage of admission. No order as to costs. ____________________ T.MEENA KUMARI, J. __________________ G.CHANDRAIAH, J. March 10, 2008 MAS.