■N IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4672 OF 2018 Between: P.Krishna Rao, S/o P.Venkoba Rao, Age 57Yrs, Occ. Dismissed from Service and Daily Cooly, 6/191,Near Old Post Office, Eguva Gadda Street, Penugonda, Antapuram Dist. A.P ...Petitioner AND 1. The State of Andhra Pradesh, Rep by The Principle Secretary (Industries and Commerce),Room No 220 1st Floor Block No 2 Pradesh Secretariat, Velagapudi 522503.AP 2. The Vice -Chairman and Managing Director, AP State Handloom Weavers Cooperative Society Ltd,(APCO), APO Bhavan, Vijayawada. 3. The Divisional Marketing Officer, APCO, Anantapuram 4. The Divisional Marketing Officer, APCO, Kurnool , Andhra Governerpet, AP. .AP. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased issue may an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus one declaring the action of 2nd respondent authority in issuing the Dismissal order from the service of Apex 0 Society as Sales Man Vide Proceedings No. 4885/05/Admn-ll(4)/Adh oni Sales Emporium 3/deficit/Co/07/3261/ Dt 03.09.2007 for the Deficit of Stock Value of Rs 1,46, 647 and misappropriation of funds to the tune of 1,37,628/- even though the Criminal Case CC No. 304/2006 on the file of Hon’ble JMFC Adoni was ended 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 with the back wages and by considering the period the petitioner out of service i.e., from the date of suspension till the date of his retirement along with @12% interest per annum lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to take the petitioner into service with immediate effect since no Appeal is preferred on the aquital of the petitioner for the last 5years and the petitioner is suppose to retire as on 30.06.2018 with all consequential service benefits pending disposal of the above writ petition. Counsel for the Petitioner: SRI. Counsel for the Petitioner: SRI. MANNAM SUSANYA Counsel for the Respondent No. 1: GP FOR INDUSTRIES COMMERCE Counsel for the Respondent Nos. 2 to 4: SRI B JAVA PRABHAKARA RAO SC FOR APCO The Court made the following order: APHC010105792018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4672/2018 Between: P.KRISHNA RAO, S/0 P.VENKOBA RAO,AGE 57YRS, OCC. DISMISSED FROM SERVICE AND DAILY COOLY, 6/191, NEAR OLD POST OFFICE, EGUVA GADDA STREET, PENUGONDA, ANTAPURAM DIST. A.P ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY THE PRINCIPLE SECRETARY (INDUSTRIES AND COMMERCE), ROOM NO 220 1ST FLOOR BLOCK NO 2, ANDHRA PRADESH SECRETARIAT, VELAGAPUDI 522503, AP. 2.THE VICE CHAIRMAN AND MANAGING DIRECTOR, AP STATE HANDLOOM 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. ...RESPONDENT(S): Counsel for the Petitioner: 1.MANNAM SUSANYA Counsel for the Respondent(S): 1. B. JAYA PRABHAKARA RAO (SC for APCO) 2.GP FOR INDUSTRIES COMMERCE (AP) The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: a writ of Mandamus, declaring the action of Respondent No. 2 authority in issuing the Dismissal order from the service of Apex Society as Sales Man Vide Proceedings No. 2 Emporium 4885/05/Admn-ll(4)/Adhoni 3/deficit/Co/07/3261/ Dt 03.09.2007 for the Deficit of Stock Value of Rs 1,46,647/- and misappropriation of funds to the tune of 1,37,628/- even though the Criminal Case CC No. 304/2006 on the file of Hon’ble JMFC, Adoni w/as ended 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 considering the period the petitioner out of service i.e., from the date of suspension till the date of his retirement along with @12% interest per annum. ’’ Sales Heard Ms.Mannam Susanya, learned counsel for the Petitioner and Sri B.Jaya Prabhakara Rao, learned Standing counsel for Respondent Nos.2 to 4. Learned counsel for the Petitioner would submit that the Petitioner was initially appointed as a Sales Manager in Respondents-Corporatio n in the year Thereafter, on the allegation of misappropriation of funds, he was suspended from services. Subsequently, a criminal case in C.C.No.204 of 2006 on the file of the Court of Judicial First 2. 3. 1980 and he worked as such, till 2012. Class Magistrate, Adoni was also lodged against the Petitioner for the offences under Sections 406 and 409 IPC. Learned counsel would further submit that, C.C.No.204 of 2006 was ended in acquittal vide judgment dated 08.06.2012. 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 removed from services. Learned counsel would further submit that the Petitioner has made a representation to the Respondents-Authorities to consider his case the criminal case was ended in acquittal and to reinstate him into services. Learned counsel would further submit that the representation dated since ff 11.02.2013 has not been answered so far. It is submitted that, in the present case, the Petitioner has crossed the age of superannuation and an application is filed to amend the relief into retirement benefits with back wages along with interest @ 12% per annum. Learned counsel would submit that, a direction may be given to the Respondents-Authorities to consider the representationof the Petitioner. 4. Learned Standing Counsel for Respondent Nos.2 to 4 would submit that they have filed counter denying the petition averments. It is submitted that the representation of the Petitioner is not pending with Respondent Nos.2 to 4. It is mentioned at Paragraph 7 of the counter that the representation of the Petitioner, dated 11.02.2013 is examined and a direction may be given to the Respondents-Authorities for passing appropriate orders on the said representation. \ ■\ Considering the submissions made, as rightly put by the learned counsel for the Petitioner, being a Sales Manager of Respondents- Corporation, he had given an undertaking to take responsibility of the difference in cash. However, it does not automatically be a confession of guilt to attract the offence of criminal misappropriation. The record further shows that the criminal case lodged against the Petitioner was ended in acquittal and 5. immediately thereafter, he submitted a representation to Respondent Nos.2 to 4 for his reinstatement. But, it appears that, the said representation is pending with the Authorities. Now the Petitioner has filed I.A.No.2 of 2024 seeking to amend the relief, since the individual retired from services and the same is allowed. Now the Petitioner prays for retirement benefits along with back wages with interest @ 12% per annum. In the light of the representation of the Petitioner coupled with the amended relief in the present petition, it is 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 and law, within a period of two months from the date of receipt of copy of this 6. order. ’ With the above observations, the Writ Petition is disposed of. There 7. shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand Sd/- K. TATA RAO deputy regsstr*^R closed. //TRUE COPY// SECTION OFFICER To Principle Secretary (Industries and Commerce), State of Andhra Room No 220 1st Floor Block No 2, Andhra Pradesh 1. The Pradesh Secretariat, Velagapudi 522503.AP 2. The Vice -Chairman and Managing Director, AP State Handloom 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] 8. Three CD Copies HIGH COURT DATED:03/03/2025 ORDER WP.No.4672 of 2018 DISPOSING THE WP WITHOUT COSTS