WRIT PETITION 4672 of 2018 on 3 September 2007

ORDER:

This Writ Petitionis filed under Article 226 of Constitution of India with the following prayer for:

a writ of Mandamus, declaring the action of RespondentNo. 2 authority in issuing the Dismissal order from the service ofApexSocietyasSalesManVideProceedingsNo.

4885/05/Admn-ll(4)/AdhoniSalesEmporium3/deficit/Co/07/3261/ Dt 03.09.2007 for the Deficit[of]StockValue of Rs1,46,647/- and misappropriation of fundstothetune of 1,37,628/- even though theCriminal Case CC[No.]304/2006 on thefile of Hon’ble JMFC, Adoni w/asended[on]08.06.2012 as not guilty of any charge of misappropriation[of]stocks/cash and consequently direct the respondents[to][ pay][ all]the retirement benefits due to the petitioner along[\A/ith][ the][ back]wages and by consideringthe period thepetitioner[out]ofservicei.e.,from the date of suspensiontill thedateof hisretirement along with @12% interest per annum. ’’

2. Heard Ms.Mannam Susanya, learned counsel for the Petitioner[and][ Sri]B.Jaya Prabhakara Rao, learned Standing counsel for[Respondent][ Nos.2][ to 4.]B.Jaya Prabhakara Rao, learned Standing counsel for[Respondent][ Nos.2][ to 4.]

3. Learned counsel for the Petitioner would submit that[the][ Petitioner][ was]initially appointed as a Sales Manager in Respondents-Corporatio[n][ in][ the][ year]1980 and he worked as such,till 2012.Thereafter, on the allegation ofmisappropriation of funds, he was suspended from services.Subsequently, acriminal case in C.C.No.204 of 2006 on the file of[the][ Court][ of][ Judicial][ First]ClassMagistrate,Adoni wasalsolodgedagainst thePetitionerfortheoffences under Sections 406 and 409 IPC.Learned counsel[would][ further]submit that, C.C.No.204 of 2006 was ended in acquittal[vide] judgment dated08.06.2012.It is submitted that, Respondents-Authorities[did not][ choose][ to]prefer any appeal against the said judgment and it[became][ final.][ Whereas,][ in]the domestic enquiry, the guilt of the Petitioner is proved and he was removedfrom services.Learned counsel would further submit[that][ the][ Petitioner][ has]made a representation to the Respondents-Authorities[to][ consider][ his][ case]sincethecriminal case was endedin acquittal andtoreinstatehimintoservices.Learned counsel would further submit that the representation dated ff 11.02.2013 has not been answered so far.It is submitted that, in the presentcase, the Petitioner has crossed the age of superannuation and an applicationis filed to amend the relief into retirement benefits with back wages along withinterest @ 12% per annum.Learned counsel would submit that, a directionmay be given to the Respondents-Authorities to consider the representationofthe Petitioner.

4. Learned Standing Counsel for Respondent Nos.2 to 4 would submit thatthey have filed counter denying the petition averments.It is submitted that therepresentation of the Petitioner is not pending with Respondent Nos.2 to 4.Itis mentioned at Paragraph 7 of the counter that the representation of thePetitioner, dated 11.02.2013 is examined and a direction may be given to theRespondents-Authoritiesforpassingappropriateordersonthesaidrepresentation.they have filed counter denying the petition averments.It is submitted that therepresentation of the Petitioner is not pending with Respondent Nos.2 to 4.Itis mentioned at Paragraph 7 of the counter that the representation of thePetitioner, dated 11.02.2013 is examined and a direction may be given to theRespondents-Authoritiesforpassingappropriateordersonthesaidrepresentation.5.Consideringthe submissionsmade,asrightlyputbythelearnedcounselforthePetitioner,beingaSalesManagerofRespondents-Corporation,hehadgivenanundertakingtotakeresponsibilityofthedifference in cash.However, it does not automatically be a confession of guiltto attract the offence of criminal misappropriation.The record further showsthat the criminal case lodged against the Petitioner was ended in acquittal andimmediately thereafter, he submitted a representation to Respondent Nos.2 to4 for his reinstatement.But, it appears that, the said representation is pendingwith the Authorities.Now the Petitioner has filed I.A.No.2 of 2024 seeking toamend the relief, since the individual retired from services and the sameiscounselforthePetitioner,beingaSalesManagerofRespondents-Corporation,hehadgivenanundertakingtotakeresponsibilityofthedifference in cash.However, it does not automatically be a confession of guiltto attract the offence of criminal misappropriation.The record further showsthat the criminal case lodged against the Petitioner was ended in acquittal andimmediately thereafter, he submitted a representation to Respondent Nos.2 to4 for his reinstatement.But, it appears that, the said representation is pendingwith the Authorities.Now the Petitioner has filed I.A.No.2 of 2024 seeking toamend the relief, since the individual retired from services and the sameis \

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allowed.Now the Petitioner prays for retirement benefits along[ with] backwages with interest @ 12% per annum.

6. In thelight of the representation of thePetitioner[coupled][ with]theamendedrelief in the present petition,itis apposite[to] dispose[ of][ the][ writ]petition directing Respondent Nos.2 to 4 to consider[the][ representation][ of][ the]Petitioner and take appropriate decision according to the governing rules andlaw, within a period of two months from the date of receipt of copy of thisorder.’amendedrelief in the present petition,itis apposite[to] dispose[ of][ the][ writ]petition directing Respondent Nos.2 to 4 to consider[the][ representation][ of][ the]Petitioner and take appropriate decision according to the governing rules andlaw, within a period of two months from the date of receipt of copy of thisorder.’

7. With the above observations, the Writ Petitionis disposedof. Thereshall be no order as to costs.shall be no order as to costs.

As a sequel thereto, miscellaneous petitions,if any, pending shall stand closed.

Sd/- K. TATA RAOdeputy regsstr*^R

//TRUE COPY//

To

SECTION OFFICER

of Andhra1.ThePrinciple Secretary (Industries and Commerce), StatePradeshRoom No 220 1st Floor Block No 2, Andhra PradeshSecretariat, Velagapudi 522503.APPradeshRoom No 220 1st Floor Block No 2, Andhra PradeshSecretariat, Velagapudi 522503.AP

Conclusion

2. The Vice -Chairman and Managing Director, AP State[Handloom]Weavers Cooperative Society Ltd,(APCO), APO Bhavan,[Governerpet,]Vijayawada.Weavers Cooperative Society Ltd,(APCO), APO Bhavan,[Governerpet,]Vijayawada.

3. The Divisional Marketing Officer, APCO, Anantapuram,[AP.]

4. The Divisional Marketing Officer, APCO, Kurnool,[AP.]

5. One CC to Sri. Mannam Susanya Advocate [OPUC]

6. One CC to Sri. B Jaya Prabhakara Rao SC for APCO[[OPUC]]

7. Two CCs to GP for Industries Commerce, High Court[Of][ Andhra]Pradesh. [OUT]Pradesh. [OUT]

8. Three CD Copies

HIGH COURT

DATED:03/03/2025

ORDERWP.No.4672 of 2018

DISPOSING THE WPWITHOUT COSTS