1 APHC010819682015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Wr: 0.^ THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION Nos. 11062, 9795. 10623.10625.10628. 11127 and 42259 OF 2015 WRIT PETITION NO: 11062 OF 2015 Between: Sri. Kola Sudhakar Rao, S/o Subba Rao, Aged about 41 Messenger(under Suspension) R/0 Door No: 8-437,Bhavani veedhi Nagar, Ongole, Prakasam District years, Occ: Nirma! ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its PrI. Secretary, Cooperative Department, Secretariat Buildings, Hyderabad. 2. The Prakasam District Cooperative Central Bank Ltd., Ongole rep. by its Chief Executive Officer, Ongole, Prakasam District. 3. The General Manager, Prakasam District Coop. Central Bank Ongole, Prakasam District., 4. Deputy General Manager cum Enquiry Officer, Prakasam District Cooperative Central Bank Ltd., Ongole. Ltd. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be 2 pleased to issue Writ, or Writs, Order or Orders more particularly in the nature of mandamus thereby declaring the action of the respondents in initiating and proceeding with the inquiry including the issuances of show cause notice dated 12-02-2015 by the 3'"^ respondent in vigilance file No: 392/2015 including the suspension order dated 24-05-2014 as illegal and without jurisdiction besides being opposed to principles of natural justice and consequently direct the respondents not to proceed with any action against the petitioner in pursuance of show cause notice dated 12-02-2015 in vigilance file No: 392/2015 and quash the same. jA NO: 2 OF 2015fWPMP 14618 OF 2Q151 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased stay of all further proceedings against the petitioner in pursuance of vigilance file No. 392/ 2015 dated 12-02-2015 issued by the 3 disposal of the writ petition in the interest of justice. [A NO: 1 OF 2015fWVMP 2404 OF 20151 Between: 1. The Prakasam District Cooperative Central Bank Limited, Ongole by its Chief Executive Officer, Ongole, Prakasam District. 2. The General Manager, Prakasam District Cooperative Central Bank Limited, Ongole, Prakasam District. to respondent, pending rep. ...PETITIONERS/RESPONDENT Nos.2 & 3 AND 1. Sri. Kola Sudhakar Rao, S/o Subba Rao, Aged about 41 Messenger(under Suspension) R/0 Door No: 8-437,Bhavani veedhi Nirmal Nagar, Ongole, Prakasam District. years, Occ: ...RESPONDENT/PETITIONER 2. The State of Andhra Pradesh Department, Secretariat Buildings, Hyderabad. rep. by its PrI. Secretary, Cooperative 3 ...RESPONDENT/RESPONDENT No.1 3. Deputy General Manager cum Enquiry Officer, Prakasam District Cooperative Central Bank Limited, Ongole. ...RESPONDENT/RESPONDENT No.4 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders granted in W.P. No. 11062 of 2015, dated 17-4- 2015. Counsel for the Petitioner: SRI S. JAGAJJIVANRAM Counsel for the Respondent No.1 :GP FOR COOPERATION Counsel for the Respondent Nos.2 to 4;SRI RAVI KUMAR C APHC010799022015 WRIT PETITION NO: 9795 OF 2015 Between: V.Venkata Reddy, S/o.V.China Hanumantha Reddy, Hindu, aged about 57 R/o. H.No.8/355(4), Sundar Nagar, Ongole, Prakasam District. years. ...PETITIONER AND 1. The State of Andhra Pradesh rep by its PrI. Secretary, Cooperation Department, Secretariat Buildings, Hyderabad. 2. The Prakasam District Cooperative Central Bank Ltd., Ongole, rep. by its Chief Executive Officer, Ongole, Prakasam District. 3. The General Manager Prakasam District Coop. Central Bank Ltd., Ongole Prakasam District., 4 4. Deputy General Manager/Enquiry Officer, Prakasam District Cooperative Central Bank Ltd., Ongole. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more fully one in the nature of Writ of Mandamus declaring the action of the respondents in initiating and proceeding with the enquiry including the issuance of Show cause Notice dated 12-02-2015 by the 3''^ respondent in Vigilance file No.393/2015 including the suspension order dated 24-05-2014 as illegal and without jurisdiction besides being opposed to Principles of Natural Justice and consequently direct the respondents not to proceed with any action against the petitioner in pursuance of Show cause Notice dated 12-02-2015 in Vigilance file No.393/2015. lA NO: 2 OF 2015(WPMP 12883 OF 2015) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings against the petitioner in pursuance of show cause notice in Vigilance File No.393/2015 dated 12-02-2015 issued by the 3 respondent pending disposal of the Writ Petition in the interest of justice. rd lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to the direct the respondents to pay petitioners terminal benefits by withholding the liability amount of Rs.5,03,000/- (subject to finalization )fixed against me pending disposal of the interest of justice. lA NO: 1 OF 2015(WVMP 1491 OF 2015^ Between; 1. The Prakasam District Cooperative Central Bank i by its Chief Executive Officer, Ongole, Prakasam District. 2. The General Manager, Prakasam District Limited, Ongole Prakasam District. Limited, Ongole, rep. Cooperative Central Bank ...PETITIONERS/RESPONDENT Nos.2 & 3 AND 1. V.Venkata Reddy S/o.V.China H.No.8/355(4), Sundar Nagar, Mungamur Road, Ongole. ...RESPONDENT/PETITIONER Hanumantha Reddy, R/o. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary Cooperation Department, Secretariat Buildings, Hyderabad. 3, Deputy General Manager/Enquiry Officer Cooperative Central Bank Limited, Ongole, Prakasam District. Prakasam District ...RESPONDENTS/ RESPONDENTS (Note: No relief is sought against the Respondent Nos.2 & 3 herein) Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated 8-4-2015 while praying that in the circumstances stated granting the Notice Before Admission in W.P. No. 9795 of 2015. Counsel for the Petitioner: SRI K. CHAITANYA Counsel for the Respondent No.I.GP FOR COOPERATION Counsel for the Respondent Nos.2 to 4:SRI RAVI KUMAR C 6 APHC010364502015 WRIT PETITION NO: 10623 OF 2015 Between: V.Padmavathi, W/o. G.Ramas Murthy, Hindu, aged about 54 years Manager,(Under suspension) P.D.C.C.Bank Ltd., Tangutur Branch, Prakasam District, R/o. Mangamoor Donka, Near Gandhi Nagar, Z.P.Colony, Ongole, Prakasam District Occ: ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its PrI. Secretary, Cooperation Department, Secretariat Buildings, Hyderabad. 2. The Prakasam District Cooperative Central Bank Ltd., Ongole rep. by its Chief Executive Officer, Ongole, Prakasam District. 3. The General Manager, Prakasam District Coop. Central Bank Ltd., Ongole Prakasam District., 4. Sri B. Anjaiah, Deputy General Manager/Enquiry Officer, Prakasam District Cooperative Central Bank Ltd., Ongole. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more fully one in the nature of Writ of Mandamus declaring the action of the respondents in initiating and proceeding with the enquiry including the issuance of Show cause Notice dated 12-02-2015 by the respondent in Vigilance file No.393/2015 including the suspension order dated 24-05-2014 as illegal and without jurisdiction besides being opposed to Principles of Natural Justice and consequently direct the 7 respondents not to proceed with any action against the petitioner in pursuance of Show cause Notice dated 12-02-2015 in Vigilance file No.393/2015. LA NO: 2 OF 2015fWPMP 14041 OF 20151 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings against the petitioner in pursuance of show cause notice in Vigilance File No.393/2015 dated 12-02-2015 issued by the respondent pending disposal of the Writ Petition in the interest of justice. lA NO: 1 OF 2015(WVMP 1307 OF 2015^ Between: 1. The Prakasam District Cooperative Central Bank Limited, Ongole, Rep. by its Chief Executive Officer, Ongole, Prakasam District. 2. The General Manager, Prakasam District Cooperative Central Bank Limited, Ongole, Prakasam District. ...PETITIONERS/RESPONDENT Nos.2 & 3 AND G.Ramas Murthy, R/o. H.No.35-066-028, Z.P.Colony, Mangamuru Donka, Ongole, 1. V.Padmavathi, W/o. ...RESPONDENT/PETITIONER 2. The State of Andhra Pradesh rep. by its PrI. Secretary, Cooperative Department, Secretariat Buildings, Hyderabad. 3. Sri B. Anjaiah, Deputy General Manager/Enquiry Officer, T District Cooperative Central Bank Limited, Ongole, Prakasam District. Prakasam ...RESPONDENT/RESPONDENTS (Note: No relief is sought against the Respondent Nos.2 & 3 herein) 8 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dt. 15.4.2015 while granting the Notice Before Admission in WP.No. 10623 of 2015. Counsel for the Petitioner: SMT. DEEPIKA GADDE Counsel for the Respondent No.1:GP FOR COOPERATION Counsel for the Respondent Nos.2 to 4:SRI RAVI KUMAR C APHC010197042015 WRIT PETITION NO: 10625 OF 2015 Between: Smt.K.Venkata Ramanamma, W/o.G.Koti Reddy, Hindu, aged about 47 years, Occ; Manger (Under suspension). Central Office attached Branch Prakasam Dist. Coop.Central Bank Ltd. Lawyerpet, Ongole, Prakasam District. at Ongole,R/o. Flat No.203, Eden Park, ...PETITIONER AND 1. The State of Andhra Pradesh rep. by its Principal Secretary Cooperation Department, Secretariat Buildings, Hyderabad. 2. The Prakasam District Cooperative Central Bank Ltd., Ongole, rep. by its Chief Executive Officer, Ongole, Prakasam District. 3. The General Manager Prakasam District Coop. Central, Bank Ltd. Ongole, Prakasam District. 4. Sri B. Anjaiah, Deputy General Manager/Enquiry Officer, Prakasam District Cooperative Central Bank Ltd., Ongole. / 9 ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more fully one in the nature of Writ of Mandamus declaring the action of the respondents in initiating and proceeding with the enquiry including the issuance of Show cause Notice dated 12-02-2015 by the 3'^'^ respondent in Vigilance file No.393/2015 including the suspension order dated 24-05-2014 as illegal and without jurisdiction besides being opposed to Principles of Natural Justice and consequently direct the respondents not to proceed with any action against the petitioner in pursuance of Show cause Notice dated 12-02-2015 in Vigilance file No.393/2015. lA NO: 2 OF 2015(WPMP 14042 OF 2015) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings against the petitioner in pursuance of show cause notice in Vigilance File No.393/2015 dated 12-02-2015 issued by the 3 respondent pending disposal of the Writ Petition in the interest of justice. rd lA NO: 1 OF 2015fWVMP 1322 OF 2015) Between: 1. The Prakasam District Cooperative Central Bank Limited, Ongole, Rep. by its Chief Executive Officer, Ongole, Prakasam District. The General Manager, Prakasam District Cooperative Central Bank Limited, Ongole, Prakasam District. 2. ...PETITIONERS/RESPONDENT Nos.2 & 3 AND 1. Smt.K.Venkata Ramanamma, W/o.G.Koti Reddy, R/o. Flat No.203, D.No.3-005-03, Eden Park, Lawyerpet, Ongole. ...RESPONDENT/PETITIONER 10 2. The State of Andhra Pradesh rep. by its Principal Secretary, Cooperative Department, Secretariat Buildings, Hyderabad. 3. Sri B. Anjaiah, Deputy General Manager/Enquiry Officer, Prakasam District Cooperative Central Bank Limited, Ongole, Prakasam District. ...RESPONDENT/RESPONDENTS is sought against the Respondent Nos.2 & 3 herein) (Note; No relief i Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pieased vacate the interim orders dated 15-4-2015 while praying that in the circumstances stated granting the Notice Before Admission in W.P. No. 10625 of 2015. Counsel for the Petitioner: SMT. DEEPIKA GADDE Counsel for the Respondent No.1:GP FOR COOPERATION Counsel for the Respondent Nos.2 to 4:SRI RAVI KUMAR C APHC010484462015 WRIT PETITION NO: 10628 OF Between: M.Krupakar, S/o. Nageswara Rao, Hindu, Lawyerpet, Ongole, Prakasam District. aged about 43 years, R/o. 9-4-23 ...PETITIONER AND 1. The State of Andhra Pradesh, Department, Secretariat Buildings, Hyderabad. rep. by its PrI. Secretary, Cooperation 11 2. The Prakasam District Cooperative Central Bank Ltd., Ongole rep. by its Chief Executive Officer, Ongole, Prakasam District. 3. The General Manager, Prakasam District Coop. Central Bank Ltd., Ongole, Prakasam District 4. Sri Ch. Lakshmi Narayana, Asst. General Manager/ Enquiry Officer, Prakasam District Cooperative Central Bank Ltd., Ongole. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more fully one in the nature of Writ of Mandamus declaring the action of the respondents in initiating and proceeding with the enquiry including the issuance of Show cause Notice dated 12-02-2015 by the 3'"' respondent in Vigilance file No.392/2015 including the suspension order dated 10-05-2014 as illegal and without jurisdiction besides being opposed to Principles of Natural Justice and consequently direct the respondents not to proceed with any action against the petitioner in pursuance of Show cause Notice dated 12-02-2015 in Vigilance file No.392/2015. [A NO: 2 OF 2015rWPMP 14046 OF 2015^ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings against the petitioner in pursuance of show cause notice in Vigilance File No.393/2015 dated 12-02-2015 issued by the respondent pending disposal of the Writ Petition in the interest of justice. lA NO: 1 OF 2015(WVMP 1317 OF 20151 Between: 1. The Prakasam District Cooperative Central Bank Limited by its Chief Executive Officer, Ongole, Prakasam District. 2. The General Manager, Prakasam District Cooperative Central Limited, Ongole, Prakasam District. Ongole, Rep. Bank 12 ...PETITIONERS/RESPONDENT Nos.2 & 3 AND M.Krupakar, S/o. Nageswara Rao, R/o. C/o. M Shanta Kumari, H. No. 9-4-23, Lawyerpet, Ongole. 1. ...RESPONDENT/PETITIONER 2. The State of Andhra Pradesh, rep. by its Principal Secretary, Cooperative Department, Secretariat Buildings, Hyderabad. 3. Sri Ch. Lakshmi Narayana, Asst. General Manager/ Enquiry Officer, District Cooperative Central Bank Limited, Ongole, Prakasam Prakasam District. ...RESPONDENT/RESPONDENTS (Note; No relief is sought against the Respondent Nos.2 & 3 herein) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated 15.4.2015 while granting the Notice before Admission in WP.No. 10628 of 2015. Counsel for the Petitioner: SMT. DEEPIKA GADDE Counsel for the Respondent No.1 :GP FOR COOPERATION Counsel for the Respondent Nos.2 to 4:SRI RAVI KUMAR C APHC010148542015 WRIT PETITION NO: 11127 OF 2015 Between; Sri.Shaik Karimulla, S/o late Ravoof, Age about 38 years, Occ; Cashier R/o 11-1-30(1) Zamindari Street, Gantapalem - Ongole, Prakasam dist. ...PETITIONER 13 AND 1. The State of Andhra Pradesh, rep. by its PrI. Secretary, Cooperative Department, Secretariat Buildings, Hyderabad. 2. The Prakasam District Cooperative Central Bank Ltd., Ongole rep. by its Chief Executive Officer, Ongole, Prakasam District. 3. The General Manager, Prakasam District Coop. Central Bank Ltd., Ongole, Prakasam District. 4. Deputy General Manager cum Enquiry Officer, Prakasam District Cooperative Central Bank Ltd., Ongole. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, or Writs, Order or Orders more particularly in the nature of mandamus thereby the action of the respondents in initiating and proceeding with the inquiry including the issuances of show cause notice dated 18-03-2015 and giving charge memo dt.28.06.2014 by the 3'^'^ respondent in vigilance file No: 392/2015 as illegal and without jurisdiction besides being opposed to principles of natural justice and consequently direct the respondent not to proceed with any action against the petitioner in pursuance of show cause notice dated 18-03-2015 in vigilance file No: 392/2015 and quash the same. lA NO: 2 OF 2015(WPMP 14703 OF 2015) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings against me in pursuance of vigilance file No: 392/2015 dated 18-03-2015 issued by the 3*^^ respondent pending disposal of the write petition in the interest of justice 14 lA NO: 1 OF 2015(WVMP 2199 OF 2015) Between: 1. The Prakasam District Cooperative Central Bank Limited, Ongole, rep. by its Chief Executive Officer, Ongole, Prakasam District. 2. The General Manager, Prakasam District Cooperative Central Bank Limited, Ongole Prakasam District. ...PETITIONERS/RESPONDENT Nos.2 & 3 AND 1. Sri.Shaik Karimulla, S/o late Ravoof, Occ: Cashier R/o. H.No. 11-1- 30(1), Zamindari Street, Gantapalem, Ongole, Prakasam District. ...RESPONDENT/PETITIONER 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Cooperation Department, Secretariat Buildings, Hyderabad. ...RESPONDENT/ RESPONDENT No.1 3. Deputy General Manager-cum-Enquiry Officer, Prakasam District Cooperative Central Bank Limited, Ongole, Prakasam District. ...RESPONDENT/ RESPONDENT No.4 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders granted in W.P. No. 11127 of 2015, dated 17-4-2015. Counsel for the Petitioner: SRI S. JAGAJJIVANRAM Counsel for the Respondent No.1 :GP FOR COOPERATION Counsel for the Respondent Nos.2 to 4:SRI RAVI KUMAR C 15 APHC010226612015 B WRIT PETITION NO: 42259 OF 2015 Between: K.Usha Rani, D/o K. Satyanarayana, aged about 57 years, Occ: Deputy General Manager, R/o Ongole, Prakasam District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Co operation Department, Secretariat, Hyderabad. 2. Prakasam District Cooperative Central Bank Ltd., rep. by its Chief Executive Officer, Ongole, Prakasam District. 3. The Enquiry Officer and Deputy Register/ Officer on Special Duty, Prakasam District Co-operative Central Bank Ltd., Ongole, Prakasam District. ...RESPONDENT.S Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to call for the records from the 2"" Respondent and issue an appropriate Writ, Order or Direction, particularly one in the nature of Writ of Mandamus, declaring the Show Cause Notice issued by the rd respondent in proceedings No. Vig/F.No.392/2015. dated 11-12-2015, proposing to impose major penalty of dismissal as illegal, unjust, contrary to law, arbitrary, discriminatory, in violation of principles of natural justice and the without jurisdiction and violative of Articles 14, 16 and 21 of the Constitution of India; and grant all consequential benefit. same is 16 lA NO: 1 OF 2015(WPMP 54518 OF 2015> Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in pursuance of the Show Cause Notice issued by the 2 nd respondent in proceedings No. Vig/F.No.392/2015, dated 11-12-2015, pending disposal of the Writ Petition. lA NO: 1 OF 2016(WVMP 1433 OF 20161 Between: Prakasam District Cooperative Central Bank Limited, rep. by its Chief Executive Officer, Ongole, Prakasam District. ...PETITIONER/RESPONDENT No.2 AND K.Usha Rani, D/o K. Satyanarayana, aged about 57 years, Occ: Deputy General Manager, R/o Ongole, Prakasam District. 1. ...RESPONDENT/WRIT PETITIONER The State of Andhra Pradesh, rep. by its Principal Secretary, Co operation Department, Secretariat, Hyderabad. The Enquiry Officer and Deputy Register, Officer on Special Duty, Prakasam District Co-operative Central Bank Ltd., Ongole, Prakasam District. 2. 3. ...RESPONDENTS/RESPONDENTS 1 and 3 in WP Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 11-12-2015 which was extended on 5/11/2016 passed in W.P. No. 42259 of 2015. 17 Counsel for the Petitioner: SRI A. K. JAYAPRAKASH RAO Counsel for the Respondent No.1:GP FOR COOPERATION Counsel for the Respondent Nos.2 & 3:SRI RAVI KUMAR C The Court made the following: COMMON ORDER APHC010819682015 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3504] THURSDAY,THESEVENTHDAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 11062/2015 Between: ...PETITIONER Sri.kola Sudhakar Rao S/o Subba Rao AND ...RESPONDENT{S) The State Of Andhra Pradesh Rep By Its PrI Secretary and Others Counsel for the Petitioner: 1.SJAGAJJ IVAN RAM Counsel for the Respondent(S): 1.GP FOR COOPERATION (AP) 2. RAVI KUMAR C WRIT PETITION NO: 9795/2015 Between: ...PETITIONER Vvenkata Reddy, AND The State Of Andhra Pradesh Rep By Its PrI Secretary and Others Counsel for the Petitioner: 1. K CHAITANYA ...RESPONDENT(S) Counsel for the Respondent(S): 1.GP FOR COOPERATION (AP) 2. RAVI KUMAR C 2 WRIT PETITION NO: 10623/2015 Between; V.padmavathi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.DEEPIKAGADDE Counsel for the Respondent(S): 1.GP FOR COOPERATION (AP) 2. RAVI KUMAR C WRIT PETITION NO: 10625/2015 Between: Smt.k.venkata Ramanamma, ...PETITIONER AND The State Of Andhra Pradesh Rep By Its Principal Secretary and Others Counsel for the Petitioner: TDEEPIKAGADDE Counsel for the Respondent(S): 1.GP FOR COOPERATION (AP) 2. RAVI KUMAR C ...RESPONDENT(S) WRIT PETITION NO: 10628/2015 Between: M.krupakar, ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.DEEPIKAGADDE 3 4r5 Counsel for the Respondent(S): 1.GP FOR COOPERATION (AP) 2. RAVI KUMAR C WRIT PETITION NO: 11127/2015 Between: Sh.shaik Karimulla ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.S JAGAJJIVANRAM Counsel for the Respondent(S): 2.GP FOR COOPERATION (AP) 3. RAVI KUMAR C ...RESPONDENT(S) WRIT PETITION NO: 42259/2015 Between: K.usha Rani, Prakasam Dist ...PETITIONER AND PrI Secy Coop Dept Hyderabad 2 Others and Others Counsel for the Petitioner: 1 .A K JAYAPRAKASH RAO Counsel for the Respondent(S): 1.GP FOR COOPERATION (AP) 2. RAVI KUMAR C ...RESPONDENT(S) The Court made the following: 4 HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM W.P No.11062. 9795. 10623, 10625, 10628. 11127 and 42259 of 2015 COMMON ORDER:- Since all the writ petitions arise out of the Show-Cause-Notices issued by the respondent Bank under the identical facts and circumstances, these matters are being disposed of by way of this Common Order. All the petitioners herein are the employees of the 2^^^^ respondent Bank, who were placed under suspension by the 2^^^^ respondent Bank authorities on 2. the allegations that the petitioners colluded with gold appraisers and got issued loans on spurious gold, resulting in financial loss to the 2"'^ respondent Bank. In that regard, two criminal cases were lodged against the petitioners and other employees. It is further case of the petitioners that the 2^^ respondent Bank suspended all the petitioners and subsequently, they got issued Charge 3. Memos alleging specific charges. In reply to the said Charge Memos petitioners offered their explanations and the 2^^^ respondentin dissatisfaction, appointed Enquiry Officers, who inturn conducted enquiries and .submitted their respective reports holding that the majority of charges framed against the petitioners were proved. 4. Pursuant to the Enquiry- ReportsA/igilance files, individuals who are other than the competent punishment authority of the 2'^^ respondent Bank issued Show-Cause-Notices individually to the petitioners proposing to award 5 major penalty of dismissal from service as well as recovery of the amount towards loss incurred by the Bank. 5. Challenging the said Show-Cause-Notices issued by the 2^"^ respondent Bank authorities against the petitioners, the instant writ petitions are filed mainly on the ground of violation of Rule 66 (xii) of Service Regulations of the Employees of District Cooperative Central Bank of Ltd., Prakasam, and the said Show-Cause-Notices are liable to be interdicted on the point of incOmpetency of the issuing authority. Heard Y. Sitharam, learned counsel representing Sri K. Chaitanya, learned counsel for the petitioner in W.P No.9795 of 2015 and Smt. Deepika Gadde, learned counsel for the petitioners in W.P Nos. 10623, 10625 and 6. 10628 of 2015 and also heard Sri C. Ravi Kumar, learned Standing Counsel for the 2^^ respondent Bank in all the cases as well as learned Assistant Government Pleader for Cooperation. None appeared for the petitioners in W.P. Nos. 11062, 11127 and 42259 of 2015. Learned counsel appearing for the petitioners submits solely on the point that the Show-Cause-Notices are issued without jurisdiction and contrary to Chapter X, Rule 66(xii) of the Service Regulations of the Employees of District Cooperative Central Bank Limited., Prakasam, which specifically stipulates the punishment authority and the appellate authority based on the employee categories and nature of punishment, etc. provisions were not followed in the present batch of cases, and the Show- Cause-Notices issued against the petitioners are liable to be set aside.. 7. However, the said 6 n 8. Conversely, the learned Standing Counsel for the 2'"'^ respondent Bank, fairly submits that in view of administrative exigencies prevailing at the relevant point of time, the Show-Cause-Notices were issued by the officers, who were not designated as punishment authority against the petitioners proposing to impose the major penalties, but not with any malafide intention. The learned Standing Counsel submits that in view of the interim orders passed in favour of the petitioners by this court in respect of Show-Cause- Notices, directed against them, the 2^^ respondent Bank is facing multifarious problems. He also contends that although the Show-Cause-Notices were issued by authorities lacking the requisite competence, such procedural lapse constitutes only a curable defect and does not root out the entire departmental proceedings as null and void. * 9. This Court has gone through the material available on record. 10. A perusal of the records in the instant cases reveals that the central issue involved for consideration in the batch of cases is whether the Show- Cause-Notices issued by the authorities in the Bank, who were other than the punishment authorities/competent authorities, are legally sustainable or not? 11. Apparently, the unified High Court at Hyderabad passed interim orders in favour of the petitioners and the same are still subsisting as of today. In this context, it is appropriate to extract the service regulations of the Employees of District Cooperative Central Bank Limited, Prakasam., defined 12. in Chapter X Rule 66(xii):- 7 (xii) PUNISHMENT & COMPETENT AUTHORITY: The Board of Management of the Bank shall be the competent authority to inflict any punishment on the CEO as also for his removal or repatriation to his parent department in case he is taken on deputation. For all categories of staff, the following are the Competent Authorities for imposing the various punishments and the relative Appellate Authorities: SI. Nature o( No. punishment GM/OGM/ Asst GeaMan. & Manager Punishment Appellate Authority Authority Categories Asst Manager & Staff Assistant Drlver/Atlencior & other supporting staff Punishment Appellate. Punishment Authority Authority Authority Appellate Authority 1 Minor MiscondutS 1. Warning, Censure 2. fine. CEO PGM - PGM a Stoppage ofirKsements witoout cumulative effect PGM CEO PGM CEO 4. recovery from pay CEO President CEO President PGM CEO 2. Major Misconduct I.Stoppage of increments with CEO President CEO President CEO President Cumutative effect 2. Revem’on to a lower CEO President. CEO President CEO President or lower lime scale S.Computeory President CommStee letireroent 4,Re»no¥atf pisrh^al from service CEO President CEO PresMenl President Committee CEO President CEO President 13. In order to determine the competent authorities to impose the major penalty of removal/dismissal from the services against the petitioners, the criteria may vary depending upon the petitioners' employment categories. 8 The relevant details are set out in the tabulated format below to appropriately address the central issue of adjudication in this batch;- Show- Cause- Notice dated Show- Cause- Notice issued Competent Authority as per banking service rules to impose a major penalty removal/dismissal from service SI. Writ Petition No./ name of the petitioner Designation of the writ petitioner No. the by of 1. W.P No. 11062 of 2015/ Kola Sudhakar Rao W.P No.9795 of 2015/ V. Venkata Reddy Messenger 12.02.2015 CEO CEO 2. Manager 12.02.2015 CEO President 3. W.P No. 10623 of 2015/ V. Padmavathi Manager 12.02.2015 CEO President 4. W.P No. 10625 2015/ Manager 12.02.2015 CEO President of K. Venkata Ramanamma 5. W.P No. 10628 of 2015/ M. Krupakar Manager 12.02.2015 CEO President 6. W.P No.11127 of 2015/ Sk. Karimulla Cashier 18.03.2015 CEO CEO 7. W.P No.42269 of 2015/ K.Usha Rani DGM 11.12.2015 CEO President 14. In this scenario, it is relevant to note the dictum held in Marathwada University vs Seshrao Balwant Rao Chavan ^ , wherein, the Hon'ble Supreme Court of India, while interpreting the statutory framework of the Marathwada University Act 1974, the power of the Vice-Chancellor and those 1 1989 (3) see 132 9 of the Executive Council in exercising the disciplinary proceedings against the employees, given its categorical expression in para 20, the relevant portion of which reads under:- “ 20. Counsel for the appellant argued that the express power of the Vice-Chancellor to regulate the work and conduct of officers of the University implies as well, the power to take disciplinary action against officers. We are unable to agree with this contention. Firstly, the power to regulate the work and conduct of officers cannot include the power to take disciplinary action for their removal. Secondly, the Act confers power to appoint officers on the Executive Council and it generally includes the power to remove. This power is located under Section 24(1)(xxix) of the Act. It is, therefore, futile to contend that the Vice-Chancellor can exercise that power which is conferred on the Executive Council. It is a settled principle that when the Act prescribes a particular body to exercise a power, it • must be exercised only by that body. It cannot be exercised by others unless it is delegated ” Whereas in the instant batch of cases also, the delegation of powers does not exist to issue Show-Cause-Notices, proposing major penalties of removal/ dismissal of services against the petitioners by the 2""^ respondent Bank. In the absence of such powers to issue the Show-Cause-Noti ces by those other than the competent authorities are not legal and valid. Accordingly, the point is answered in favour of the petitioners, except in W.P. NOS.11062& 11127 of 2015. 15. 16. It is relevant to note that after going through the above details furnished in the tabular format, it is crystal clear that in the batch of cases, the 2^^ 10 respondent Bank proposed to impose major penalty of removal/dismissal from the service against the petitioners through the respective impugned Show- Cause-Notices by the individuals other than the punishment authority/competent authority. Whereas, the petitioners in W.P. Nos. 11062 & 11127 of 2015 were working as messenger and cashier, and they received Show-Cause-Notices by the chief executive officer (CEO) of the 2^^ respondent Bank, who is designated punishment authority/competen t authority for the said category posts. Hence, Writ Petition Nos. 11062 & 11127 of 2015 are liable to be dismissed. Having regard to the totality of facts and circumstances and taking into account the above stated legal position, this court deems it appropriate to 17. dispose of the batch of cases in the following manner:- a) The impugned Show-Cause-Notices dated 12.02.2015, 18.03.2015 and 11.12.2015 issued by the 2"^^ respondent Bank against the petitioners in W.P. Nos.9795, 10623, 10625, 10628, 11127 & 42259 of 2015 respectively, are hereby set aside on the ground of incompetence of the issuing authority, in terms of Rule 66(xii) of the service Regulations of the employees of District Cooperative Central Bank Limited, Prakasam. However, the 2"'^ respondent Bank competent authorities, are at liberty to initiate appropriate steps, including issuance of fresh Show Cause Notices against the petitioners in accordance with the law only. b) Insofar as W.P. Nos.11062 & 11127 of 2015 are concerned, the same are dismissed, as the Show Cause Notices dated 12.02.2015 and 18.03.2015 were issued against the petitioners by the competent authority only. 11 As a sequel, all pending applications shall stand No orders as costs. closed. SECTION OFFICER //TRUE COPY// To, 1. The PrI. Secretary, Cooperation Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Chief Executive Officer, Prakasam District Cooperative Central Bank Ltd., Ongole, Prakasam District. 3. The General Manager, Ongole Prakasam District. 4. Deputy General Manager/Enquiry Officer, Cooperative Central Bank Ltd., Ongole. Enquiry Officer and Deputy Register/ Officer on Special Duty, Prakasam District Co-operative Central Bank Ltd., Ongole, Prakasam District. 6. One CC to Sri S. Jagajjivanram, Advocate [OPUC] 7. One CC to Sri K. Chaitanya, Advocate[OPUC] 8. One CC to Smt. Deepika Gadde, Advocate[OPUC] 9. One CC to Sri A.K. Jayaprakash Rao, Advocate[OPUC] 10. One CC to Sri Ravi Kumar C, Advocate [OPUC] 11 Two CCs to GP for Cooperation, High Court of Andhra Pradesh [OUT] 12. Two CD Copies. Prakasam District Coop. Central Bank Ltd. Prakasam District 5. The ssb 20 HIGH COURT DATED:07/08/2025 COMMON ORDER WP Nos. 11062, 9795,10623,10625,10628,11127 and 42259 of 2015 ands^ § 0 6 SEP 2025 m CO DISPOSING OF THE W.P. Nos.9795,10623,10625, 10628 & 42259 OF 2015 AND DISMISSING THE W.P. Nos.11062 & 11127 OF 2015 WITHOUT COSTS