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2025 DAILYLAW 44618 (AP)

N. Venkataramanamma v. The District Cooperative Central Bank Limited

WP/45379/2018 · 2025-04-09

Venkata Jyothirmai Pratapa

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY. THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA - WRIT PETITION NO: 45379 OF 2018 Between; N. Venkataramanamma, W/o. K. Siva Krishna, Aged about 29 yrs, Occ: Asst. Manager, KDCC Bank, Koilkuntia, Kurnool District. ...PETITIONER AND The District Cooperative Central Bank Limited, Kurnool, Rep. by its Chief Executive officer ...RESPONDENT 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 particularly one in the nature of writ of Mandamus to declare the action of the respondent in not releasing the arrears of Rs.2,61,500/ - payable to the petitioner spite of the suspension of the impugned proceedings Estt./Charge File/2017-18, even in dt.27-12-2017 passed by the respondent in W.P.No.22504/2018 dated 4.7.2018 as arbitrary, illegal and consequently direct the respondent to release the arrears amount of Rs.2,61,500/- to the petitioner forthwith without reference of the pendency of the writ petition No.22504/2018 in the interest of justice. lA NO; 1 OF 2018 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 respondent to release the arrears amount of 2 % 2. Heard Sri P.Nagendra Reddy, learned counsel for the petitioner and Sri Koteswara Rao Mummaneni, learned counsel for the respondent. 3. Learned counsel for the petitioner would submit that after the report of the Enquiry Officer, the petitioner was not put on noticed by furnishing a copy, instead the Disciplinary authority imposed punishment directing to recover all the amounts and also withholding of annual increments for a period of three (3) months without any cumulative effect. 4. Learned counsel for the respondent would submit that the matter may be remanded back with necessary directions to furnish a copy of the enquiry report to the petitioner and pass appropriate orders by following the due process of law. Considering the submissions made and on perusal of the material on record, there is no dispute about the fact that the enquiry report was not furnished to the petitioner and without giving an opportunity to the petitioner to submit her explanation before imposing the punishment, the disciplinary authority has directed to recover all the amounts and also withhold of annual increments for a period of three months without cumulative effect. As fairly conceded by the learned counsel for the respondent, it is apposite to dispose of these Writ Petitions by setting aside the impugned order. However, the respondent is directed to furnish the copy of the enquiry report to the petitioner 5. > 3 and a fair opportunity to submit her explanation and then pass appropriate orders according to governing Rules and law. 6. In the result, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. / S^FICER n Sdl- P ^ assistant^ SECTIO / //TRUE COPY// To, 1. The Chief Executive officer. District Cooperative Central Bank Limited Kurnool. 2. One CC to Sri P. Nagendra Reddy, Advocate [OPUC] 3. One CC to Sri Koteswara Rao Mummaneni, Advocate [OPUC] 4. Three CD C^pies^ 'Qe ssb HIGH COURT DATED:10/04/2025 ORDER WP.No.45379 of 2018 5( 2 5 SEP 2025 ^ » AI r DISPOSING OF THE W.P. WITHOUT COSTS