JUDGMENT :

A.V. Sesha Sai, J

Petitioner in W.P.No.21166 of 2007 is the appellant in the present Writ Appeal, preferred under Clause 15 of the Letters Patent.

2. Challenge in the present Appeal is to the order, dated 10.06.2008, of the learned single Judge in W.P.No.21166 of 2007. By way of the order under challenge in the Appeal, the learned single Judge dismissed the Writ Petition.

3. Appellants herein filed the aforementioned Writ Petition, for the following relief:

“to issue an appropriate writ or order more particularly one in the nature of writ of certiorari calling for the records of the Resolution dated 16.12.2005 where under the 4th respondent Executive Council ordered inquiry and appointed inquiry officer and communicated by the Vice Chancellor vide his proceedings No.A.V.3/PRC/2005 dated 21.01.2006 and the resolution dated 07.04.2007 of the Executive Council 4th respondent and the consequential proceedings of the 4th respondent bearing NS II1/298/98 dated 09.04.2007 and also the orders of the 1st respondent Vide Lr.No.6520/UEI/A1/20072 dated 10.09.2007 and declare them as illegal arbitrary and unconstitutional and consequently direct the respondents 1 to 4 to take the petitioner into service with all benefits continuity of service by setting aside the above impugned orders.”

Appellant was initially appointed as a Lecturer in Andhra University in the year, 1985 and got promotions as Associate Professor in the year, 1990 and Professor in the year, 1998. In the year, 1987, appellant was appointed as Honorary Director of Population Research Centre, established in Andhra University by the Ministry of Health and Family Welfare, Government of India and, on 14.09.2005, he was replaced by the third respondent as Honorary Director. Vide Resolution, dated 16.12.2005, the Executive Council of Andhra University-fourth respondent herein resolved to appoint an Enquiry Officer to enquire into the allegations levelled against the appellant in connection with his functioning as Honorary Director. As a sequel to the same, the Vice Chancellor vide proceedings, dated 21.02.2006, appointed an Enquiry Officer. The Enquiry Officer framed the following charges:

1. That you, Prof. M.Vivekananda Murty while working as Honorary Director of the Population Research Centre from the afternoon of 13-5-1997 till the forenoon of 15-9-2005 have been responsible for misappropriation of a sum of Rs.32,65,698/-during October, 2003 to September 14th, 2005 (the details of which are mentioned in the allegations hereunder), as such guilty of gross misuse of your office.

2. That you are also responsible for misappropriation of an amount of about Rs.98,00,000/-out of an estimated amount of Rs.1,90,00,000/-received by the Population Research Centre during the period from May, 1997 to September, 2003 with respect to the earlier 3 phases of Rapid Household Survey under Reproductive and Child Health (RHSRCH) Project/District Level Household Survey under Reproductive and Child Health (DLHSRCH) Project, Baseline Survey under RCH Sub-Projects and other Projects/Surveys of the PRC and as such, guilty of gross misuse of office”.

4. In response to the said charges, appellant herein submitted an explanation on 12.06.2006. The Enquiry Officer submitted the Enquiry Report on 01.03.2007, holding the appellant guilty of the charges framed against him. Subsequently, fourth respondent herein issued a show cause notice to the appellant on 09.03.2007, calling upon him to submit his explanation. Responding thereto, an explanation was submitted by the appellant on 03.04.2007. Eventually, vide proceedings, dated 09.04.2007, of the fourth respondent, appellant was dismissed from service. Thereafter, assailing the order of dismissal, dated 09.04.2007, appellant filed W.P.No.9137 of 2007 before the composite High Court of A.P. The Composite High Court of A.P., vide order, dated 30.04.2007, disposed of the Writ Petition, relegating the appellant to the remedy of appeal before the Chancellor un