HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.18180 OF 2023

ORDER:

Heard Sri D.Goverdhanachary, learned counsel

appearing on behalf of the petitioner, learned Government Pleader for Services-I I I appearing on behalf of respondent Nos. 1, 2, 4 and 5 and Sri P.Srinivas, learned counsel

appearing on behalf of respondent No.3.

2. The petitioner approached this Court seeking the

prayer as under:

“To issue an Order or Writ particularly one in the

nature of Writ of Mandamus declaring the action of the Respondents in not concluding the surcharge proceedings under Section 60 of T.C.S., Act arising out of statutory enquiry under Section 51 or and Domestic Enquiry initiated in the year 2019 and further the order of rejection passed by the respondent No.3 in his proceedings RC No. Legal/P.Srinivas/Reply/2023-24 dated 09.08.2023 and declare all these proceedings as illegal, arbitrary, unjust and violative of Article 14, 16 and 21 of the Constitution of India, besides being violative of principles of natural justice, while issuing a consequential direction to the respondents, specially respondent No.3 to release forthwith all retiral benefits including sanction of two annual grade increments,

gratuity of 20 months last drawn salary, leave encashment for 8 months of last drawn salary and other incidental amounts such of security deposit and pay revision arrears etc., on par with other employee bank with interest at quarterly rest till the date of payment and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and in the interest of justice.”

3. The case of the petitioner, in brief, is that on an allegation of temporary misappropriation of funds of Rs.2,50,000/- of 3^rd Respondent Bank, the petitioner was initially placed under suspension by the 3^rd respondent vide order dated 03.07.2017 and pursuant to the orders of 2^nd respondent dated 01.07.2017, the petitioner filed W.P.No.23254 of 2017 and the said Writ Petition was allowed by an order dated 20.07.2017 and thereafter the petitioner was reinstated into service and continued till the date of the petitioner’s superannuation.

The 3rd respondent out of vengeance, initiated disciplinary proceedings against the petitioner for alleged misappropriation of a sum of Rs.2,50,000/-, and the 2^nd respondent through proceedings dated 11.04.2017 ordered statutory enquiry under Section 51 of the Telangana Cooperative Societies Act, 1964 and the Inquiry Officer i.e., 4^th respondent, conducted the statutory inquiry and submitted a report on 23.06.2017. After the Inquiry Report, surcharge proceedings were contemplated, and the 5^th respondent accordingly issued a show cause notice to the petitioner under Section 60 of the TCS Act on 06.10.2017 calling upon the petitioner to be present before 5^th respondent on 25.10.2017 and accordingly, the petitioner was present and submitted his defence, but no final orders had been passed till date.

It is the further the case of the petitioner that based on the said Inquiry Report, the 3^rd respondent issued a Charge Memo dated 13.11.2017, alleging sole charge that the petitioner had indulged in temporary misappropriation of DCCB funds based on four allegations and called for an explanation from the petitoner within 15 days from the date of receipt of Charge Memo. Accordingly, the petitioner submitted explanation on 21.12.2017 denying the charge as baseless and not supported by any document of the Bank. Finally, the 3^rd respondent issued proceedings dated 10.05.2019, a few days before the petitioner’s retirement on 31.05.2019 causing domestic enquiry due to which the petitioner is not being paid any retiral benefits including gratuity of 20 months of last drawn salary and 8 months of leave encashment till date. Aggrieved by the same, the petitioner filed the present writ petition.

4. PERUSED THE RECORD:

A) Memorandum of Charges framed by the 3^rd Respondent Bank against the petitioner dated 13.11.2017 are extracted h