ORDER :

1. Heard the Learned Counsel for the Petitioners and Learned counsel for Respondents.

2. The Present Writ Petition is filed by the Petitioner praying to issue a Writ of Mandamus declaring the impugned action of the 2nd Respondent in not releasing the terminal benefits of Gratuity and Leave Encashment on the Petitioner’s retirement on superannuation w.e.f 31.10.2013 and further action of the respondents in withholding the payment of Petitioners fixed deposit for a sum of Rs.1,00,000/- on its maturity on 13.10.2013 and not allowing the Petitioner to operate his savings bank account including issuing the impugned Proceedings Rc. No. Admn/HRD-I/JFC/2014-15 Dated 13.01.2014 for punishment of dismissal from service after retirement as totally illegal, apart from in violation to the 1st Respondent Bank Employees Service Regulations and law laid down by the Hon’ble High Court of A.P and the Hon’ble Supreme Court in 1993(3) SCC P.666 and consequently set aside the same by directing the Respondents to release the Petitioner’s terminal benefit of Gratuity, Leave Encashment including withheld fixed deposit amount of Rs. 1.00 Lakh along with interest with all consequential reliefs and benefits.

3. The case of the Petitioner, in brief, is as follows:

a) The Petitioner was appointed as supervisor on 16.7.1977 and over the years was promoted to the post of In-charge Dy. General Manager and retired on superannuation from the said post on 31.10.2013.

b) While was working as Asst. General Manager and as In-charge of Dy. General Manager, the petitioner had received Summons on 09.07.2013 from the Enquiry Officer alleging that the petitioner has committed serious financial irregularities/gross negligence in discharging the petitioners duties while working as DCCB, Jangaon Branch and was informed to appear before the Dy. Manager /Enquiry Officer on 19.07.2013.

c) The Petitioner has appeared before the Dy. Manager/Enquiry officer and has denied all such allegations or connections. The Dy. Manager/Enquiry officer had submitted a report on 30.08.2013 to the General Manager (Respondent No. 2).

d) On the basis of the said report, the 2nd respondent had issued a Charge Memo to the petitioner vide proceedings dated 08.10.2013 and directed the Petitioner to file explanation within 7 (Seven) days.

e) Petitioner was not furnished with the Enquiry report of Dy. Manager/Enquiry officer and for that reason, petitioner through FAX letter dated 15.10.2013 requested the General Manager (Respondent No.2) to extend the time for submission of reply.

f) Pending Enquiry, the Petitioner was placed under suspension on 21.10.2013. Further the Petitioner made a detailed representation to General Manager (Respondent No. 2) to furnish the reports dated 06.05.2013, as well as, the documents referred therein.

g) The Petitioner received a reply from the General Manager (Respondent No. 2) that, the petitioner could verify the records at head office during the office time of any day.

h) The Petitioner on following dates made representation to General Manager (2nd respondent):

On 18.11.2013 – To refund the deposited amount of Rs. 1,00,000/- and to allow the Petitioner to operate the savings bank account to meet the Petitioners family and medical expenses. On 21.11.2013 – To release the Gratuity and leave encashment by dropping charges levelled against the Petitioner.

On 17.12.2013 – Made a representation reminding to release the gratuity, leave encashment and terminal benefits.

i) This being the scenario, General Manager (Respondent No. 2) on 13.01.2014 issued the Show Cause Notice (impugned show cause notice herein) imposing the punishment of ‘dismissal from service’, the same has been received by the petitioner on 20.01.2014.

j) The service conditions of all the employees of Respondent No. 1 is governed by Service Regulations of Employees of the Warangal District Cooperative Central Bank Ltd., Subedari, Hanmakonda and under chapter X deals with the conduct, discipline, pr