ORDER:

Challenging the impugned Order dated 29.12.2018 passed by the respondent authorities confirming the dismissal order passed by the disciplinary authority dated 10.03.2018 by rejecting the appeal and dismissing the Petitioner from service, the present Writ Petition is filed to declare it as contrary to law, arbitrary, in violation of principles of natural justice and violation of Articles 14, 16 and 311 of the Constitution of India and consequently, to direct the Respondents to reinstate the Petitioner into service with all consequential service benefits with back-wages.

2. The facts of the case, in brief, are that i) The Petitioner joined in the service as Junior Assistant on

22.01.1994 under compassionate appointment in the Respondent-

Agriculture Department.

ii) The Petitioner faced trial in C.C.No.45 of 2012 on the file of the Court of Judicial First Class Magistrate, Chintapalli for the offences punishable under Sections 409 and 420 of IPC, on the allegations that he has unauthorisedly withdrew an amount of Rs.40,369/- and absconded from duties. Disciplinary action was initiated, and it ended in imposing punishment of deferment of three increments with cumulative effect. Thereafter, the criminal case in CC No.45 of 2012 ended in acquittal, vide Judgment dated 02.04.2019.

iii) Meanwhile, while the Petitioner was working at Araku Valley, another case in Crime No.93 of 2013 was registered against him by Araku Valley P.S., for the offence punishable under Section 409 and 420 IPC alleging that he has forged the signature of the Drawing Officer and has withdrawn an amount of Rs.2,34,900/- and Rs.18,000/- and thereby, misappropriated the funds. The Petitioner was suspended in connection with the said Crime on 03.01.2013. The Petitioner filed Crl.P.No.4395/2018 seeking quashment of the case against him, which is pending before this Court. No charge sheet has been filed. The Petitioner filed O.A. No.2017/2016 before the Andhra Pradesh Administrative Tribunal, Hyderabad, wherein, the Tribunal by Order dated 07.03.2018 directing the Respondents to consider the claim of the Petitioner for revocation of the suspension and reinstate the petitioner into service within six weeks. While so, the disciplinary authority willfully disobeyed the Order of the Tribunal and thereby, the Petitioner filed C.A.No.541 of 2017. Without conducting proper enquiry, the Petitioner was dismissed from service. Challenging the same, the Petitioner has filed O.A.No.1286 of 2018 which was dismissed by the Andhra Pradesh Administrative Tribunal by order dated 04.07.2018 giving liberty to the Petitioner to file an appeal before the competent appellate authority.

iv) The Petitioner preferred departmental appeal which was dismissed vide Order dated 29.12.2018 confirming the order of the disciplinary authority dated 17.03.2018. As the earlier case in C.C.No.45 of 2012 was ended in acquittal, the Petitioner is entitled for all service benefits and reinstatement, revised PRC, 2015 with interest at 24% per annum.

3. Version in the Counter Affidavit i. A counter affidavit has been filed by the respondent authorities admitting the earlier enquiry, imposing punishment against the Petitioner lodging a criminal case in CC No.45/2012, which ended in acquittal, initiating second enquiry and imposing punishment of dismissal from service by registering a criminal case against the Petitioner in Crime No.93/2013 and consequently, on suspending the individual, the petitioner approaching Andhra Pradesh Administrative Tribunal, Hyderabad twice and rejection of appeal preferred by the Petitioner which is impugned in the present W.P.

ii. It is further stated that the Petitioner while working as Junior Assistant, Araku Valley, misappropriated the Government funds by forging the signatures of the Assistant Director of Agriculture (ADA) and has drawn special advance amount of the employees to the tune of Rs.2.53 lakhs fraudulently deposited the amount into DDO’s account with premeditated