( 1 ) JUDGMENT of the Bench Delivered by the Hont> le Shri Justice S. R. Nayak) the petitioner while working as Assistant Market Supervisor in the Office of the Agricultural Market Committee, Repalle, Guntur District, filed this Writ petition on 10-2-1991. He has sought for a writ in the nature of Writ of mandamus declaring that the Respondents 1 and 2, viz. , Director of Marketing, government of Andhra Pradesh and Dy. Director of Marketing, Old Mirchi yard, Guntur, respectively, have no authority to direct prosecution of the petitioner, and equally the third respondent viz. , the Station House Officer, repalle, has no power to register Crime No. 13 of 1992 against the petitioner under Section 409, I. P. C.

( 2 ) THE facts leading to the filing of this writ petition be stated briefly asunder: According to the 1st respondent, the petitioner while working as assistant Market Supervisor, Agricultural Market Committee, Repalle, defalcated the Market Committee funds to the tune of Rs. 11. 00 lakhs; the petitioner collected the above amount from the traders towards market fee and did not remit it to the credit of the Market Committee accounts; besides the above defalcation, the petitioner was also held responsible for misappropriation of Rs. 2. 90 lakhs; the defalcation committed by the petitioner came to light during the inspection of the Office of the Agricultural Market committee, Repalle by the Deputy Director of Marketing, Guntur; thereupon, the Regional Joint Director of Marketing, Vijayawada was appointed as regular enquiry Officer, vide G. O. Ms. No. 958, Food and Agriculture (Agri. IV) department dated 11-12-89; the Enquiry Officer submitted the report stating that the petitioner defalcated the above amount; the special audit conducted by the Director, Local Fund Audit also established the above defalcation committed by the petitioner; besides the petitioner, another by name sri K. Venkata Rao, L. D. C. was also involved in the defalcation of the funds of the Agricultural Market Committee and he had defalcated an amount of rs. 1. 54 lakhs; the Vigilance Officer who enquired into the embezzlement of market committee funds at Agricultural Market Committee, Repalle, in some other connection found that the petitioner and the said K. Venkatarao, L. D. C. were responsible for the embezzlement of Market Committee funds and recommended to the Government to prosecute the two persons; Government of Andhra Pradesh, vide Memo. No. 42903/mktg. ni (1)/90-l dated 31-8-1990 directed the 1st respondent to launch prosecution against the petitioner and sri K. Venkatarao, L. D. C. ; accordingly, the 1st respondent authorised the person-in-Charge, Agricultural Market Committee, Repalle, to launch prosecution against the petitioner and Sri. K. Venkatarao, vide Proceedings no. Estt. II (5)/3036/89, dated 19-9-1990; the petitioner filed O. A. No. 6725 of 1991 in the Andhra Pradesh Administrative Tribunal, Hyderabad, challenging the orders of the 1st respondent authorising the Person-in-Charge of the agricultural Market Committee to prosecute him; the Andhra Pradesh administrative Tribunal by its order dated 17-9-1991 disposed of the said original Application and directed the Government and the 1st respondent to authorise any other person other than the Person-in-Charge of the agricultural Market Committee; as per the direction of the Andhra Pradesh administrative Tribunal, the 1st respondent vide Proceedings No. Estt. II (5) 3036/92 dated 14-2-1992 authorised the 2nd respondent to launch prosecution against the petitioner and Sri K. Venkatarao, LDC; accordingly, the 2nd respondent lodged a complaint with the 3rd respondent in that regard and the 3rd respondent took the complaint on his file and registered the same as Cr. No. 13 of 1992. At this stage, the present Writ Petition was filed in this court on 10-2-1991 praying for the reliefs noted above.

( 3 ) THE learned Counsel appearing for the petitioner contended that thepetitioner