Disciplinary action based on alleged misconduct must adhere to principles of natural justice and maintain proportionality in punishment among co-delinquents, failing which dismissal is liable to be set aside.

ORDER :

NAGESH BHEEMAPAKA, J.

Heard Mr. C. Damodar Reddy, learned Senior Counsel appearing for Mr. C. Ruthwik Reddy, learned counsel for petitioner and Mr. B.S. Prasad, learned Senior Counsel appearing for M/s Pearl Law Associates for Respondents.

2. The case of petitioner is that he entered the service of respondent bank in 2009 as Assistant and subsequently, on 28-04-2013, he was transferred and posted as Junior Assistant at SBI, Ganesh Nagar Branch, Mahabubnagar, where he rendered dedicated service to respondent bank and as a token of his hard work, he was promoted as Senior Assistant and posted at SBI, Main Branch, Clock Tower, Mahabubnagar and directed him to report on 01-06-2018, after undergoing training, as such, he was relieved from Ganesh Nagar Branch on 20-05-2018 itself. The further case of petitioner is that on 15-12-2018, the Regional Manager, SBI, Mahabubnagar gave written report dated 05-11-2018 to SHO, I Town Police Station, Mahabubnagar against him and four (4) Gold Loan Customers of respondent bank alleging that eleven (11) gold bags are missing and they have played fraud on the bank by opening Fifteen (15) fictitious accounts during the period from January, 2016 to May, 2018 through quick Gold Loan mode and misappropriated the amount to a tune of Rs.35.61 lakhs and basing on which Crime No.173 of 2018 under Section 4 08 IPC. was registered against him and others. On 13-02-2019, Regional Manager, SBI, Mahabubnagar called for explanation of petitioner in respect of seven (7) lapses indicated therein, on receipt of the same, petitioner submitted reply dated 23-03-2019 denying the allegations and explaining the alleged lapses.

2.1 Then, Respondent No. 3 issued Show Cause Notice dated 21-09-2019 with 12 Articles of Charges and the same was served on Petitioner on 27-09-2019, alleging that he committed irregularities / Lapses during the period from 28-06-2013 to 15-06-2018 and asking him to submit Written Statement of defence and he was also permitted to peruse the records at Ganesh Nagar Branch. Petitioner made an Application dated 03-10-2019 seeking time to submit defence statement. On 07-10-2019, when petitioner sought for permission to peruse the documents to submit his Written Statement of defence, respondents have not considered the same on the ground that records were with Police. However, before petitioner submits his Written Statement of defence, Respondent No.3 issued a letter dated 07-11-2019 appointing Sri N. Srinivas Rao, AGM, LHO, Hyderabad as Enquiry Officer and Sri K. Srinivasulu, Manager (Vigilance) as Presenting Officer to conduct Domestic Enquiry into the truth of the said allegations levelled against him. Thereafter, Respondent No.3 issued Amended Show Cause Notice in letter F.No:F201920/804 dated 16-11-2019 deleting tables of Sl. Nos. 5 and 6 of allegations 5 and 6 and also amending allegation No. 6 made in the Show Cause Notice dated 21-09-2019.

2.2 The Enquiry Officer and Presenting Officer conducted preliminary hearing on 18-11-2019 at SBI, LHO, Hyderabad. The Enquiry was commenced on 29-11-2019 and concluded on 09-01-2020. During Domestic Enquiry, prosecution examined two customers of alleged fictitious gold loans Sri J. V. Subba Rao as PW1 and Sri P. Raju Naik as PW2, though they were not listed witnesses and in spite of objection made by the Defence Representative on behalf of petitioner. The Enquiry Officer having permitted petitioner to Cross-examine PWs.1 and 2 on the next date of hearing, deliberately failed to call them for cross-examination. Prosecution also examined Sri K. Ratna Sudhakar, Branch Manager as PW3 and