ORDER :

1. Heard the learned counsel for the petitioner and learned counsel for respondents.

2. The present Writ Petition is filed praying to issue a Writ of Mandamus declaring the action of the Respondents in continuing the alleged disciplinary enquiry after the retirement of the Petitioner on attaining the age of superannuation on 31.12.2012 and withholding the retirement benefits of 20 Months Gratuity and 240 days Leave Encashment on that ground as totally illegal, without jurisdiction and violative of Judgments of this Hon’ble High Court as well as Hon’ble Supreme Court reported in 1993 (3) SCC 666 and consequently to set aside the alleged enquiry against the petitioner and further direct the Respondents to release and pay the retirement benefits of 20 Months Gratuity and 240 days leave Encashment along with interest @ 24% on the delayed payment of said benefits to the petitioner.

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

(a) Petitioner was an employee in the Respondent Bank from February, 1972, and on 31.01.2012 after attaining the age of Superannuation, the petitioner has been relieved from the post of Manager at Maripeda Branch.

(b) Respondent bank has not paid petitioner the Retirement benefits of 20 Months Gratuity and 8 Months Leave Encashment due to petitioner, on the reason and ground that there was a pending Disciplinary Action.

(c) A memo dated 19.03.2011 had been issued to the petitioner and the petitioner submitted explanation on 13.06.2011 requesting to drop further actions and the respondents have not taken any further action.

(d) After retirement, petitioner made a representation on 17.12.2012 praying to release and pay the gratuity and leave encashment due to petitioner.

(e) Misappropriation of fertilizer sale proceeds was detected in PACS Maripeda and allegations were levied against him stating that the Petitioner failed to Inspect the fertilizer stocks and to report to his authorities.

(f) On 17.03.2012, Respondents have issued proceedings referring to the Petitioners stating that the representation was not satisfactory and that they were appointing Enquiry Officer (The Deputy Manager of the bank) to verify the record completely and submit a detailed report.

(g) Summons dated 20.04.2012 were issued by Enquiry Officer to the Petitioner and the petitioner had appeared before the Enquiry Officer on 28.04.2012 and had submitted a detailed reply stating that respondents cannot withhold petitioners benefits and continue the Disciplinary Enquiry.

(h) Respondent bank has no power to withhold the retirement gratuity or leave encashment after retirement of the Petitioner.

(i) As per the Memorandum of Settlement arrived between A.P. Cooperative Banks Association, Hyderabad and A.P. Bank Employees Federation/A.P. Cooperative Central Bank Employees Association on 07.08.2008 that, any employee retiring on and after 07.11.1996 are entitled to 20 Months Gratuity and 240 days Leave encashment.

(j) Since, the Petitioner has retired on 31.01.2012, the plea of the petitioner is that the petitioner is eligible for 20 Months Gratuity and 240 Days Leave Encashment. Hence this Writ Petition.

4. Brief facts of the Respondents are as follows:

(a) Petitioner being the branch manager of Marripeda Brach, has committed a serious misconduct in respect of his duties and that he had colluded with the President, CEO of PACS and has caused loss to a tune of Rs. 7,29,447.80 to the respondent society.

(b) Respondents issued a memo dated 19.03.2011 to the Petitioners and called for petitioner’s explanation, wherein the Petitioner had submitted that fertilizer business being under taken either by PACS or by MARKFED and that petitioner had no knowledge about the bank guarantee furnished to MARKFED.

(c) Further, the Petitioner hadbeen informed about the Bank Guarantee vide circular dated RC.No/Bank guarantee/2010-11 dated 08.10.2010 and moreover, it is the duty of the petitionerto ensure that the payments are made to the bank from time to time.

(d) H