THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.1817 OF 2021

O R D E R

In this writ petition, the petitioner is seeking a Writ of Mandamus declaring the impugned dismissal orders passed by the respondent No.3 vide his proceedings No.666120/V/T1854/ 377, dated 29.08.2019 based on the charge memo vide Lr.No.666/20/V/T-1854/CS/2/25, dated 27.07.2018 as illegal, arbitrary and contrary to the service regulations and also the order of the respondent No.4/Appellate Authority vide proceedings No.666/20N/T-1854/742, dated 27.12.2019 confirming the punishment order as illegal and to set aside the same and further to direct the respondents to reinstate the petitioner with continuity of service and all other attendant benefits including the arrears of salary from the date of suspension i.e., dated 07.04.2018 till the date of reinstatement by awarding interest @ 12% per annum on such arrears of salary forthwith and to pass such other order or orders in the interest of justice.

2. Brief facts leading to the filing of the present writ petition are that the petitioner participated in the selection process of probationary officer in the year 2012 and was selected to Andhra Bank and was initially posted as Probationary Officer at Puttaparthy branch in Ananthapuram District, Andhra Pradesh and worked there from May, 2013 to June, 2014, where the petitioner was not dealing with any loan transactions. Thereafter, the petitioner’s services were confirmed by declaring his probation and he was transferred and posted as Assistant Manager to Hagari Bommanahalli Branch, Hospet Taluk, Bellary District, Karnataka State in June, 2014. It is submitted that the petitioner’s duties as an Assistant Manager were to issue DDs, Cheques, RTGS, etc., but it did not include dealing with or sanctioning of loans nor releasing of loan amounts.

3. Thereafter, the petitioner was transferred from Hagari Bommanahalli branch to Seethammapet, Palakonda Mandal, Srikakulam District, Andhra Pradesh, where he worked for one month and was again transferred to Bhyripuram branch, Cheepurupalli Mandal, Vizianagaram District, Andhra Pradesh and he worked there till the date of receiving of the impugned charge memo dated 07.04.2018.

4. It is submitted that the charges in the charge memo were that while the petitioner was working at Hagari Bommanahalli branch, Karnataka State, there were certain financial irregularities committed by him, but the details of the alleged irregularities were not mentioned therein. Thereafter, another letter dated 11.09.2018 was issued stating that the respondent No.5 i.e., Sri L.V.Ramana Rao, the Senior Manager, was appointed as Enquiry Officer. Vide letter dated 27.07.2018, the disciplinary authority raised about 26 charges against the petitioner alleging that he has committed financial irregularities while he was working as the Assistant Manager at Hagari Bommanahalli branch, Karnataka State. According to the petitioner, these 26 charges were not directly connected to the petitioner’s duties. The petitioner claims to have submitted a detailed reply dated 07.08.2018 to the said charges denying his direct involvement in such transactions as he was working as the Assistant Manager under the supervision and guidance of the Branch Manager Sri K.Gopala Krishna Rao, who was responsible for all the charges made against him. The Presenting Officer Sri K.Appala Raju, Manager, Andhra Bank Head Office has submitted his presentation copy before the Enquiry Officer by serving a copy to the petitioner on 09.12.2018 and the petitioner was given permission to engage any one of the officers of the bank as his defence officer. The petitioner engaged the services of Sri D.V.Ranga Rao, the Chief Manager, Training, Visakhapatnam, as his defence officer and submitted his defence statement dated 10.12.2018. Thereafter, the petitioner received another report from Credit Monitoring and Review Department, Andhra Bank, Zonal Office, Hubli, vide Letter No.2718/26/IAS/920/1