APHC010528532023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 27453/2023 Between: 1. K. ROHINI KUMAR, S/O K.DURVASULU, AGED ABOUT 40 YEARS, OCC- ACCOUNTANT (REMOVAL), RESIDENT OF DOOR.NO.1-4-348, KUMMARATHOPU, TIRUPATHI TOWN 86 MANDAL, TIRUPATHI DISTRICT. ...PETITIONER AND 1. THE GENERAL MANAGER, DISTRICT COOPERATIVE CENTRAL BANK, CHITTOOR, CHITTOOR DISTRICT. 2. THE TIRUPATHI COOPERATIVE BANK LTD, MAIN OFFICE NO.23G, CAR STREET, TIRUPATHI, TIRUPATHI DISTRICT, REP.BY ITS CHAIRMAN. 3. THE MANAGING DIRECTOR, TIRUPATHI CO-OPERATIVE BANK LTD., MAIN OFFICE NO.23G, CAR STREET, TIRUPATHI, TIRUPATHI 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 issue Writ, Order or Direction particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in removing the petitioner through Order of Termination / Removal vide TCB/Admn/2023-2024, dated 30-08-2023 on the account of Misconduct, disrespect and causing damage to the reputation of the Bank is illegal, arbitrary, unconstitutional and SRS,J W.P.No.27453 of 2023 violation of Article 14, 19 and 21 of Constitution of India and also violation of principles of natural justice, set aside the same and consequently direct the respondents to reinstate the petitioner into service IA NO: 1 OF 2023 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 direct the respondents to reinstate the petitioner into service as Accountant, Head Office, Tirupati by duly suspending the order of Termination / Removal vide TCB/Admn/2023-2024, dated 30-08-2023, pending disposal of the Writ petition before this Honourable court IA NO: 1 OF 2024 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 grant leave to the Respondent No. 3 to file counter Affidavit in WP no. 27453 of 2023 pending before this Hon'ble Court in the interest of justice Counsel for the Petitioner: 1. VUTUPALLI RAJANNA Counsel for the Respondent(S): 1. O UDAYA KUMAR 2. The Court made the following: :: ORDER :: Heard Sri V. Rajanna, learned counsel for the petitioner and Sri O. Uday Kumar, learned counsel appeared for respondents 1 to 3. 2. The petitioner was appointed as Peon, on consolidated pay by the Chairman of Tirupati Cooperative Bank Limited, Tirupati by proceedings No.TCB/Admn./2010-11, dated 07.06.2010. Thereafter, the petitioner’s service SRS,J W.P.No.27453 of 2023 was regularized by proceedings vide TCB/Admn./2011-12, dated 11.04.2011. The petitioner was promoted to Section Assistant vide proceedings TCB/ADMN./2014-15, dated 13.09.2014 and further promoted to Junior Assistant Accountant vide proceedings TCB/Admn/2018-19, dated 30.01.2019. Thereafter, the petitioner was promoted to Accountant by proceedings TCB/Admn/2020-2021, dated 31.12.2020. 3. The Managing Director of the Cooperative Bank, by proceedings TCB/Admn./2023-2024, dated 07.06.2023 (Ex.P3), suspended the petitioner, pending inquiry. Thereafter, the petitioner requested to revoke the suspension by addressing a letter dated 14.06.2023 (Ex.P4). An enquiry notice was issued to the petitioner dated 01.07.2023 (Ex.P5) to attend the inquiry. The petitioner attended the inquiry on 04.07.2023 and submitted an explanation. The petitioner circulated a WhatsApp message in the employees' group regarding the issuance of a memo to one Sri Uday, co-employee vide Ex.P1. The petitioner submitted an explanation regarding the circulation of WhatsApp message. 4. The Managing Director of Cooperative Bank, Tirupati, by proceedings TCB/Admn./2023-2024, dated 30.08.2023 (Ex.P7), terminated the petitioner from service, based on the ‘committee meeting resolution’ No.1 dated 16.08.2023. 5. Learned counsel for the petitioner would submit that the respondent authorities failed to adhere to the procedure i.e. issuance of show-cause notice, framing of charges etc., before passing the order impugned. 6. A counter affidavit was filed on behalf of respondent No.3. It was contended, inter-alia, that the respondent authorities followed the procedure and thereafter terminated the petitioner from service. An inquiry was conducted and the petitioner participated in the inquiry. Given the serious SRS,J W.P.No.27453 of 2023 allegations, the petitioner was terminated from service and eventually prayed to dismiss the writ petition. 7. Learned counsel for the petitioner and learned counsel for the respondents reiterated the averments made in the writ affidavit and counter affidavit. 8. The point for consideration is : Whether the proceedings impugned vide Ex.P7, suffer from illegality? 9. Shorn of all other details, there is no dispute regarding the petitioner’s appointment as Peon, regularization and promotion up to the cadre of Accountant. An inquiry officer was appointed, who, in turn, issued notice to the petitioner to attend the inquiry on 04.07.2023. The petitioner attended the inquiry and submitted an explanation. 10. The writ petition was heard on 13.02.2025. At the hearing, this Court directed the learned Standing Counsel to produce the regulations of the bank. The learned Standing Counsel submitted a copy of Service Rules and Regulations and would submit that though the regulations were forwarded to the Commissioner, the same were not approved. 11. Even assuming for a while, the regulations submitted by the learned Standing Counsel, are not in force, the employer should follow the Principles of Natural Justice, before terminating the service of the petitioner. 12. In the case at hand, no show-cause notice was issued. An inquiry officer was appointed, who, in turn, submitted a report. The petitioner was not even provided an opportunity to submit an explanation to the report submitted by the inquiry officer. 13. The 3rd reference in Ex.P7 – termination proceedings, is staff committee meeting resolution No.1, dated 16.08.2023. However, the same was not filed SRS,J W.P.No.27453 of 2023 along with the counter affidavit, enabling the Court to verify validity. Thus, this Court believes that the proceedings impugned, suffer from violation of Principles of Natural Justice and are liable to be set aside. 14. Given the facts and circumstances of the case, the Writ Petition is allowed by setting aside the proceedings impugned vide TCB/Admn./2023- 2024, dated 30.08.2023 (Ex.P7). The respondent authorities are directed to reinstate the petitioner into service, forthwith, with continuity of service. However, this order will not preclude the respondent authorities in conducting the inquiry, in accordance with law. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 20.02.2025 TVN SRS,J W.P.No.27453 of 2023 219 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.27453 OF 2023 Date : 20.02.2025 TVN