Disciplinary dismissal based on financial misconduct was set aside due to lack of fair process and the employee's prior acquittal in criminal proceedings regarding identical charges.

ORDER :

NAMAVARAPU RAJESHWAR RAO, J.

This writ petition is filed, aggrieved by the proceedings dated 31.07.2010 and 26.05.2011 issued by respondent Nos.1 and 2, respectively.

2. During the pendency of the present writ petition, the petitioner died, and his legal representatives were brought on record as petitioner Nos.2 to 4.

3. Brief facts of the case are as follows :-

(a) The 1^st petitioner was initially appointed as a Cashier in the respondent bank on 13.07.1982 at Kadipikonda Branch, Warangal and thereafter, he was promoted as Head Cashier in the year 1989 and Special Assistant in the year 1998 and posted at Kadipikonda Branch. In July 2007, the 1^st petitioner was transferred to the Wadlapudi Branch.

(b) While the 1^st petitioner was working at Kadipikonda Branch, the Assistant General Manager, Bank of Baroda, issued a Memo, dated 07.12.2007, stating that he had passed a cheque/an instrument in respect of Mrs. Afzal Bee, SBI A/c No.20510653 on 06.08.2007 for withdrawal of an amount of Rs.15,000/-. The 1^st petitioner submitted an explanation on 28.12.2007 denying the allegation levelled against him. The 2^nd respondent issued a Memo on 17.1.2008 in respect of the same issue and also a Memo dated 28.01.2008, alleging certain irregularities in the withdrawal of an amount of Rs.85,000/- from SB A/c No.2008204 in the name of Mr.S.Singh. The 1^st petitioner submitted an explanation to the said Memo on 20.02.2008 denying the allegation levelled against him. While the matter stood thus, the 1st petitioner was suspended vide proceedings dated 18.02.2008.

(c) While so, the 2nd respondent issued another Memo on 01.04.2008 alleging that the 1^st petitioner has withdrawn an amount of Rs.53,000/- from SB A/c.No. 2006032 of Mrs.Malanbi and Mr.Ghouse, joint account. The 1st petitioner submitted an explanation on 28.04.2008. The 2^nd respondent issued another Memo on 28.06.2008 alleging withdrawal of an amount of Rs.35,000/- from SB A/c.No.13240100006202 of Mrs.Afzal Bee. The 1^st petitioner submitted an explanation on 28.07.2008. The 2^nd respondent issued another Memo on 17.11.2008, alleging the withdrawal of Rs.45,300/- from SB A/c.No.13420100001903 in the name of P.Sarojana. The 1st petitioner submitted an explanation on 08.12.2008 denying the allegations levelled against him.

(d) One Sri K.Vijaya Raju, Branch Manager, Warangal Branch, was appointed to investigate the withdrawal of an amount of Rs.15,000/- from the account of Ms.Afzal Bee. The Investigation Officer submitted his report on 27.11.2007, stating that the 1^st petitioner and one Sri M.Satyanaraya are responsible for the alleged irregularities, and he also pointed out certain lapses on the part of other staff members.

(e) While the matter stood thus, the 2nd respondent issued another charge Memo, dated 24.06.2009, incorporating the above allegations and appointing Mr.M.Sheshagiri Rao, Chief Manager, Masabtank Branch, Hyderabad, as an Enquiry Officer and directed the 1^st petitioner to submit a written statement (if any) to the Enquiry Officer. The 1^st petitioner was permitted to defend by a representative of the Registered Trade Union of Bank employees. The Enquiry Officer issued a notice, dated 14.07.2009, stating that a preliminary hearing would be held on 01.08.2009 at 11:00 am at Bank of Baroda, Kadipikonda, and the 1st petitioner was directed to select the name of the defence representative. In the said meeting, on 01.08.2009, the 1st petitioner has given the na