ORDER :

1. The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

“to issue a Writ, Order or Directions(s) more particularly one in nature of Writ of Mandamus to declare the action of the respondent Nos.2 and 3 herein in proceeding with the disciplinary proceedings vide No.DPC/R2/115 dated 28.12.2017 without clearly setting forth the circumstances appearing against me in the charge sheet dated 13.12.2017 as being illegal arbitrary and violative of Articles 14, 21 of the Constitution of India besides violative of Clause 12 of Annexure to the Memorandum of Settlement dated 10.04.2002 r/w Instructions 22 of the Discipline and Disciplinary Proceedings of the State Bank of India and consequently set aside the Charge Sheet dated 13.12.2017”.

2. The brief facts of the case are that the petitioner joined in the services of the State Bank of India on 01.12.1995 as Messenger in HAL Campus Branch, Balanagar, Hyderabad and worked up to the year, 2000. Thereafter, in the month of September, 2009, he was promoted as Assistant Cashier, in Kurnool District. Subsequently, he was transferred to State Bank of India, Vajrakaroor Branch, Ananthapur District on 28.02.2015.

3. While the petitioner was working at Vajrakaroor Branch, Aanthapur District, a punishment of “reducing the pay scale by Two stages” was imposed vide Memorandum No.DPC/R-11/83, dated 14.01.2015 by the 2nd respondent on 20.07.2015, which was further confirmed by the 3rd respondent in the appeal preferred by the petitioner vide orders dated 02.05.2019.

4. The main grievance of the petitioner is that while working at Vajrakaroor Branch, on receipt of two complaints dated 04.04.2017 and 05.05.2017 against the petitioner, the 2nd respondent issued a show-cause notice dated 13.06.2017 and as well as dated 24.10.2017 to the petitioner calling upon his explanation, for which, the petitioner submitted his explanation dated 27.06.2017. Thereafter, a charge sheet dated 13.12.2017 was issued, for which also the petitioner submitted his explanation on 22.12.2017. Being not satisfied with the explanation submitted by the petitioner, the 2nd respondent issued proceedings vide No.DPC/R2/115 dated 28.12.2017, wherein the petitioner was directed to attend before the Enquiry Officer. Thereafter, vide letter No.IA/PRR/2016-2017/16 dated 07.01.2018, the petitioner was directed to attend the preliminary hearing on 24.01.2018 at 10.30 a.m., and regular hearing on 25.01.2018 at the premises of State Bank of India, Vajrakaroor branch and also stated that if the petitioner fails to attend the said enquiry, the enquiry will be held as exparte.

5. Challenging the same, on the ground that the charge sheet was issued contrary to the Instruction No.22 of Discipline and Disciplinary proceedings, the petitioner filed this Writ Petition.

6. When this Writ Petition came for admission, this Court has passed an Order on 09.03.2019 granting Interim stay of all further proceedings pursuant to the disciplinary proceedings vide No.DPC/R2/115, dated 28.12.2017, is as follows:

“there shall be Interim Order as prayed for”.

7. The 2nd respondent have filed vacate stay petition along with the counter admitting the facts as contended by the petitioner and submitted that the charge sheet dated 13.12.2017 is strictly in accordance with the service regulations and further contended that the instruction No.22 of the Discipline and Disciplinary proceedings etc., referred by the petitioner does not pertain to the service regulations and in fact they are only internal instructions by way of guidance to the functionaries while conducting disciplinary proceedings. He further contended that the charge sheet is served in accordance with the service regulations, which specifically refers with specific imputations and nature of misconduct, covered by “para J” of the Memorandum of settlement dated 10.04.2002, and as such, the allegations made by the petitioner are totally devoid o