1. The petitioner, in this writ petition filed under Article 226 of the Constitution of India, seeks a Writ of Mandamus declaring the order dated 08.04.1998 passed by the first respondent in T.C. No.1685/82.Admn.8 as illegal and arbitrary and to set aside the same.

2. The brief facts of the case are as follows:-

The petitioner was working as Senior Stores Assistant, Branch Office, S. Kota in Girijan Co-operative Corporation Limited (for short, ‘the Corporation’). He was responsible for maintaining of stock registers with invoice numbers and other relevant entries. A separate register was maintained showing the stock of empty gunny bags. It appears that during Shandies, there used to be huge rush and demand for supply of empty gunny bags and that the petitioner was supplying empty gunny bags under acknowledgement and sometimes with invoices and sometimes even without invoices. However, he used to keep all the acknowledgments in the stock register of 1980. On his transfer, he handed over charge on 14.12.1981 to one Mr. Seshaiah and a charge-list was prepared. According to the petitioner, the charge list contains acknowledgements at Item No.9 of page No.2 and Item No.17 of Pages No.3.

3. While so, alleging that the petitioner misappropriated the Corporation funds by causing huge deficit on the empty gunny bags, the third respondent issued a charge-memo dated 10.07.1989 to the petitioner, framing the following charges:-

Charge No.1:- that Sri L. Ranga Rao reduced the balance of empties of new, once used and sugar gunnies in the stock register, 1980 fictitiously without raising any invoices to an extent of 4602, 7259 and 511 valuing Rs.24,712.74, Rs.21,777.00 and Rs.2,555.00 respectively and thus caused huge deficits on the empties.

Charge No.2:- that he failed to handover 6549 Nos. of once used gunnies valuing Rs.4416.00, 136 sugar gunnies valuing Rs.680/-, torned gunnies 18432 valuing Rs.18,432.00 and 6500 new gunnies valuing Rs.4485.00 and 1017 palmrabh baskets valuing Rs.203.40 and thus caused deficit of Rs.28,126.40 in the empties for the year 1981.

Charge No.3:- that he caused deficits empty gunnies account during the year 1980 and 1981 valuing Rs.77,171.74 with mala fide intention which amounts misappropriation of the corporation funds by cheating the corporation.

4. Enquiry was conducted, Enquiry Officer submitted his report and the first respondent, by proceedings dated 08.04.1997, provisionally ordered for dismissal the petitioner from service holding as follows:

“All the three charges framed against him were held proved by the Enquiry Officer and the Enquiry Officer held that an amount of Rs.35,667.78 has to be recovered from the charged individual. Thus, it is clearly established that he misappropriated corporation funds by way of misutilisation of sale proceeds of the empty gunnies. It is therefore proved his criminal bent of mind in misutilising value of empty gunnies for his personal benefits.

In view of the above discussion, it is established that Sri L. Ranga Rao misappropriated Corporation funds by way of empty gunnies to a tune of Rs.35,667.78 as a result, it is provisionally concluded to dismiss the employee from Corporation Service without prejudice to recovery of Rs.35,667.78 with 18% interest from the date of detection of the case.

Therefore, Sri L. Ranga Rao, formerly Sr. St. Asst. GCC Ltd., S. Kota (Now at Araku) and present Sr. Asst. GPCMS, Parvathipuram is hereby directed to submit his written explanation to the PCO within 15 days from the date of receipt of the order, why the punishment indicated in the PCO should not be confirmed, if explanation is not received within the stipulated time, orders will be passed on the material available on record.

A copy of the Enquiry Report is enclosed”

5. The said order of dismissal was served on the respondent on 03.06.1997 and 15 days time was given to him for submitting his explanation. The petitioner submitted his explanation on 26.09.1997 and on 08