ORDER :

A.V.Sesha Sai, J.

In the present Writ Petition, challenge is to the order of dismissal of the petitioner from service passed by respondent No.2- Disciplinary Authority-cum-learned Principal District Judge, East Godavari District, Rajahmundry, vide D.E.FILE No: 53/13 :: Order dated 23.01.2017, as confirmed in the appeal by respondent No.1 herein, vide Order in D(D)A.No.09/2017,C.4 (Con.), Dated 21.05.2018.

2. The petitioner herein joined in service as a Field Assistant in the Court of the Junior Civil Judge, Alamuru, East Godavari District, on 03.02.1997 and subsequently, on promotion, he was posted on 14.06.2005 in the Court of the Junior Civil Judge, Razole, East Godavari District. Subsequently, he was posted in the Court of the Judicial Magistrate of the First Class, Addateegala. As on the date of dismissal, the petitioner was working as Field Assistant in the Court of the Junior Civil Judge, Razole, East Godavari District.

3. In connection with a complaint made by a Placement Agency, i.e., SBEUCC Society, Kakinada, stating that the ESI, EPF, Insurance, etc., of the Outsourcing Employees were not received, the learned Judicial Magistrate of the First Class, Addateegala, submitted a report to respondent No.2 and the learned Principal District Judge issued a show cause notice dated 13.06.2013, calling upon the petitioner to show cause as to why disciplinary action should not be initiated for the alleged misappropriation of Rs.2,04,884/-.

4. In response to the aforesaid show cause notice dated 13.06.2013, the petitioner herein submitted an explanation on 28.08.2013.

5. Thereafter, respondent No.2-Disciplinary Authority appointed the I Additional District Judge, Rajahmundry, as Preliminary Enquiry Officer, who submitted a report on 30.01.2014.

6. Subsequently, respondent No.2-Disciplinary Authority initiated regular departmental enquiry proceedings, by issuing a Charge Memo dated 31.01.2014, framing the following Articles of Charges against the petitioner and one Sri G.S.Sarma, Superintendent:

"Firstly, that you, Ch.Satya Prasada Rao, formerly Field Assistant, Judicial Magistrate of First Class Court, Addateegala failed to remit the monthly deduction amounts i.e., EPF, ESI, Insurance, etc., of the outsourcing employees working in the court, to a tune of Rs.2,04,884/- to the placement agency i.e., Santhi Bheem VEULC Society, Kakinada, which act of yours, if proved or established would amount to misappropriation, fraud and unbecoming of a public servant and liable for punishment under A.P.C.S. (CCA) Rules, 1991.

Secondly, that you, Sri G.S.Sarma, formerly Superintendent of Judicial Magistrate of First Class Court, Addateegala failed to check the branch and registers before June, 2012 and failed to place the matter before the Presiding Officer, immediately, or within a reasonable period, which act of yours, if proved or established would amount to, misconduct, negligence and dereliction in discharging your duties and liable for punishment under A.P.C.S. (CCA) Rules, 1991."

7. In response to the said Charge Memo dated 31.01.2014, the petitioner herein submitted his explanation on 29.05.2014. Thereafter, respondent No.2-Disciplinary Authority appointed the learned Principal Senior Civil Judge, Kakinada, as the Enquiry Officer and after holding enquiry, he submitted a report dated 20.03.2015, holding the charges as proved. After receipt of the said report on 02.05.2015, the petitioner submitted his written representation dated 28.05.2015. Then respondent No.2-Disciplinary Authority, vide the order impugned dated 23.01.2017, dismissed the petitioner from service, while inflicting the punishment of withholding one annual increment with cumulative effect on the co-delinquent Sri G.S.Sarma, Superintendent. As against the said order of punishment, the petitioner herein filed appeal dated 06.03.2017 before respondent No.1 and respondent No.1, vide order dated 21.05.2018, dismissed the said appeal.

8. Challenging the validity and the legal su