ORDER :

Heard learned counsel for the petitioner and learned Government Pleader for Services-I.

2. This Writ Petition is filed to issue Writ of Mandamus declaring the order of dismissal passed by the 1st respondent in proceedings No.P.Admn,A3/2165/2014 dated 13.12.2016, as illegal, unjust, contrary to law, arbitrary, discriminatory, in violation of principles of natural justice and violative of Articles 14, 16 and 21 of the Constitution of India and to grant all the consequential benefits.

2) The case of the Petitioner, in brief, is as follows:

a) The Petitioner has been working as Godown Keeper in the Respondent Corporation from 1985 and his services were regularized as Attender and had been promoted from time to time and discharged his duties as Assistant Grade-II till he was Illegally suspended from his duties.

b) Petitioner had been placed under suspension by orders dated 22.09.2014 by the 3rd respondent and a charge sheet was issued against him on 14.02.2015 for allegedly misappropriating certain essential commodities during his tenure as Incharge MLS Point, Mothkur, April 2013 to December 2012.

c) Petitioner had submitted a representation dated 03.03.2015, a detailed explanation, denying all the charges and explaining his circumstances and that he was not involved in any act of the misappropriation of Essential Commodities.

d) Petitioner had never misappropriated rice or any other Amma Hastham commodities in his entire time working for the Respondent Corporation and would always concentrate on PDS work and his only intentions were to look after smooth functioning of respondent corporation.

e) During petitioner’s work as incharge MLS Points, Mothkur, rice stocks were unloaded in godown without weighment by hamalis every month. Petitioner had unloaded about 30 to 40 trucks of rice without weighment and released stocks to fair price shop dealers with weighment.

f) The Petitioner had discharged duties as per the instructions of the 4th Respondent. Unsatisfied with the explanation of the petitioner, Enquiry Officer was appointed to conduct the enquiry by proceedings dated 07.07.2015 and the petitioner appeared before the Enquiry officer and submitted his explanation, which remained unchallenged and unrebutted.

g) Enquiry officer simply without any cross examination or witnesses has held him guilty of charges without confronting the alleged documents. The Enquiry, marking of documents or witness was not done in his presence.

h) Petitioner was issued show cause notice on 12.04.2015 by 1st respondent directing dismissal from service besides recovery of cost of shortage amounting to Rs. 36,01,993/- without furnishing any enquiry report.

i) On 21.04.2016, petitioner made representation asking the 1st respondent to furnish the entire copies of enquiry proceedings and on 18.05.2016, he was furnished with the copy of the enquiry report, which shows that the Enquiry Officer had submitted his finding of the enquiry on 23.01.2016. Hence, the Writ Petition.

3. Counter affidavit filed by the 1st respondent, in particular, para 4 reads as under:

“On thorough verification of the record maintained by the petitioner, the JC&EOED, Nalgonda has given a detailed report on the irregularities committed by the petitioner.

The Board of the respondent Corporation in its meeting held on 5.11.2007 have resolved that strict and stringent action should be taken in all the cases of shortages, embezzlement, misappropriation and diversion of stocks, Board also directed that immediately on noticing of the case, disciplinary action should be initiated keeping the concerned under suspension apart from criminal action as per G.O.Ms.No.25, GA(Ser.c) Dept dated 03.02.2004 as the respondent Corporation is following all Government rules and orders from time to time and moreover Corporation handling the stocks of Government meant for poorest of the poor involving large scale subsidies provided by Government from Public Exchequer. In terms of directions issued by the Board of the r