Judgment :-

S.B. Sinha, J.

1.1. Leave granted.

2. These appeals involving common question of law and fact were taken up for hearing

.together and are being disposed of by this common judgment.

3. Appellants are before us aggrieved by and dissatisfied with a judgment and order dated 20.4.2009 passed by a Division Bench of the High Court of Judicature of Andhra Pradesh at Hyderabad dismissing their writ petitions; the prayer made wherein reads as under:

."... to issue an appropriate writ, order or direction, more particularly, one in the nature of Writ of Mandamus declaring the action of the Respondents in trying to protect the 4th Respondent, who has misappropriated the public funds to the tune of Rs.4,14,566/-by fabricated documents and cheating from being prosecuted for the offences committed under Section 420, 463, 468 and 471 read with Section 120B of IPC, by issuing consecutive G.Os., i.e., G.O. Rt. No.1617, Home (Legal.II) Department, dt.3.11.2007 and G.O. Rt.No.407, Home (Legal.II) Department, dt. 5.3.208 and tampering with the course of justice by getting filed consecutive petitions to withdraw the prosecution and interdicting the due process of law by invoking the power conferred on them under Section 321 of the Criminal Procedure Code, 1973 as illegal, unjust, arbitrary, discriminatory, capricious, irrational whimsical and unconstitutional, apart from contrary to the doctrine of Rule of Law and a blatant attack on the criminal justice system of this country and is the result of favoritism and based on collateral extraneous, political and partisan considerations and violative of Article 14 of the Constitution of India, after declaring Section 321 of the Criminal Procedure Code, 1973 as violative of Article 14 of the onstitution of India and also violative of Rule of Law and contrary to the Doctrine of Separation of Powers and has the effect of scuttling the judicial process by enabling the State Executive to interfere with the adjudicative process and a constitutional anachronism and colonial legislation which is not in conformity with the Constitution of India and consequentially set aside G.O. Rt. No.407, Home (Legal.II) Department dated 5.3.2008 and pass such other order or orders as are deemed fit and proper in the circumstances of the case."

4. The basic fact of the matter is not in dispute.

The appellant was a member of the Legislative Assembly from Kaikalur Assembly Constituency in Krishna District (Andhra Pradesh). In the year 1998, he underwent a heart operation. It is alleged that in the year 2000, he along with one Sri Veera Swamy, who is said to be an employee of the Medical Hosptal, Secretariat Hyderabad, fabricated bogus hospital records. Claiming that he underwent Cardiac Surgery in the Medicity Hospital, medical reimbursement for a sum of Rs.2,89,489 was submitted to the Government which was sanctioned vide G.O. Rt.No.569 dated 10.5.2002.

Again on 21.03.2002 he claimed reimbursement of an amount of Rs.1,33,939.80 towards medical expenses stating that his wife had undergone Angiogram operation at the Medical Hospital. An amount of Rs.60,000/-was sanctioned vide G.O. Rt.No.833 dated 18.7.2002.

Yet again on 3.7.2002, the appellant claimed reimbursement of an amount of Rs.1,22,825.80/- stating that he was hospitalized at the Medicity Hospital during the month of April 2002 on account of generalized Scissors Disorder CAD and Hypertension under emergency circumstances. Again an amount of Rs.60,000/-was sanctioned vide G.O.Rt. No.1339 dated 21.11.2002.

5. On or about 18/19.8.2005, Respondent Nos.3 and 4 herein leveled charges of misappropriation against the appellant on the premise that he had obtained a huge amount on the basis of false and fabricated medical bills.

6. The appellant being a Member of the Legislative Assembly, the matter was referred to the Ethics Committee. Before the Ethics Committee, the appellant, inter alia, contended that he has withdrawn the amount in question, relying on or on the basis