1 APHC010175782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE 21st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 420 OF 2025 Writ Appeal under clause 15 of the Letters Patent be pleased to set-aside the order dated 25.07.2024 passed in W.P.No.33879 of 2010 and the order dated 29.1.2025 passed in Rev.I.A.No. 1 of 2024 and pass Between: 1. B.Abraham Lincoln,, S/o Joseph, aged about 65 years, Occ- Un-employee, R/oD.No.4-24-42, 7th Lane, Mutyala Reddy Nagar, Amaravathi Road, Guntur, Guntur District. ...Petitioner AND 1. Union Bank of India, (formerly known as Andhra Bank), Rep. by its Chairman-cum-Managing Director, Dr. Pattabhi Bhavan, Head Office, Saifabad, Hyderabad. 2. The General Manager Personnel, Union Bank of India, Head Office, Dr. Pattabhi Bhavan,Hyderabad. 2 3. The Deputy General Manager Personnel, and Disciplinary Authority, Union Bank of India, Head Office, Dr. Pattabhi Bhavan, Hyderabad. 4. The Manager, Union Bank of India, Arundalpet Branch, Guntur, Guntur Dist. ...Respondents Counsel for the Petitioner: T BALASWAMI Counsel for the Respondents: K LAKSHMI NARASIMHA (SC FOR AB) WRIT APPEAL NO: 755 OF 2025 Writ Appeal under clause 15 of the Letters Patent to set- aside the order dated 29.1.2025 passed in Rev.l.A.No.1 of 2024 in W.P.No.33879 of 2010 and pass Between: 1. B ABRAHAM LINCOLN, S/o Joseph, aged about 65 years, Occ Un-employee, R/oD.No.4-24-42, Lane, Mutyala Reddy Nagar, Amaravathi Road, Guntur, Guntur District. ...Petitioner AND 1. UNION BANK OF INDIA, (formerly known as Andhra Bank), Rep. by its Chairman-cum-Managing Director, Dr. Pattabhi Bhavan, Head Office, Saifabad, Hyderabad. 2. The General Manager Personnel, Union Bank of India, Head Office, Dr. Pattabhi Bhavan,Hyderabad. 3 3. The Deputy General Manager Personnel, and Disciplinary Authority, Union Bank of India, Head Office, Dr. Pattabhi Bhavan, Hyderabad. 4. The Manager, Union Bank of India, Arundalpet Branch, Guntur, Guntur Dist. ...Respondents Counsel for the Petitioner: T BALASWAMI Counsel for the Respondents: K LAKSHMI NARASIMHA (SC FOR AB) The Court made the following: 4 THE HONOURABLE SRI JUSTICE D.RAMESH AND THE HONOURABLE SRI JUSTICE A.HARI HARANADHA SARMA WRIT APPEAL No.420 OF 2025 and WRIT APPEAL No.755 OF 2025 COMMON JUDGMENT: (Per Hon’ble Sri Justice D.Ramesh) Writ Appeal No.420 of 2025 is filed by the petitioner against the order dated 25.07.2024 passed in Writ Petition No.33879 of 2010 by the learned Single Judge. 2. 2. Writ Appeal No.755 of 2025 is filed by the petitioner against the order dated 29.01.2025 passed in Review I.A.No.1 of 2024 in W.P. No.33879 of 2010 by the learned Single Judge. 3. The appellant/petitioner (hereinafter referred to as ‘the petitioner’) filed Writ Petition No.33879 of 2010 assailing the order dated 31.03.2006 passed by the appellate authority. 4. The petitioner was appointed as a Cashier on 13.06.1981 and subsequently, he was promoted as Junior Management Grade-I in the year 1986. Thereafter, he was transferred to Visakhapatnam Zonal Office as an Assistant Manager on 29.08.2003 and he was supposed to join duty on 30.08.2003. 5 But, without joining duty, he sent a leave letter along with some medical certificates seeking grant of medical leave. Subsequently, he extended the said medical leave by sending letters. On account of his unauthorized absence, based on the Andhra Bank Officer Employees (Conduct) Regulations (for short, ‘the Regulations’), the respondent-Bank initiated disciplinary proceedings against him by issuing a charge memo dated 21.05.2004. Finally, after enquiry, the disciplinary authority passed an order on 18.10.2004 dismissing the petitioner from service. Aggrieved by the said order, the petitioner preferred an appeal and the same was considered and rejected by the appellate authority vide order dated 31.03.2006. 5. Assailing the said order, the petitioner approached this Court by filing the present writ petition. After considering the facts and record, the learned Single Judge has dismissed the writ petition with the following observations: “14. That apart, the reason assigned by the petitioner to challenge the impugned proceedings after the delay of eight years is that the petitioner misplaced the original order under challenge is also not convincing. Nothing prevented the petitioner from approaching the respondent and seek a fresh copy of the impugned proceedings at earlier point of time. 6 There are ways for getting over the technical issues. It seems that the petitioner deliberately filed the writ petition belatedly after approaching the various other forums. 15. The writ petition is a devoid of merits. The petitioner cannot be granted any relief with the present set of facts and circumstances squarely indicating lapses beyond repair on part of the petitioner.” 6. Subsequently, the petitioner has also filed Review I.A.No.1 of 2024 in W.P.No.33879 of 2010. The said review was also considered and dismissed by the learned Single Judge vide order dated 29.01.2025. 7. Aggrieved by the order dated 25.07.2024 in W.P.No.33879 of 2010, Writ Appeal No.420 of 2025 is filed by the petitioner with certain delay. 8. Aggrieved by the order dated 29.01.2025 in Review I.A.No.1 of 2024 in W.P.No.33879 of 2010, Writ Appeal No.755 of 2025 is filed by the petitioner with certain delay. 9. The learned counsel appearing on behalf of the petitioner mainly contended that the respondent authorities removed the petitioner from service without conducting a proper enquiry, more particularly even the charge memo itself was not served on the 7 petitioner. Apart from that, while initiating the disciplinary proceedings, the petitioner was in jail and after his release, he produced the said medical certificates before the authorities and pleaded that no opportunity was granted to the petitioner. However, the authorities did not consider the said medical certificates. Hence, on that ground, the entire proceedings are liable to be set aside. 10. Reply to the same, the learned Senior Counsel appearing on behalf of the respondent-Bank vehemently opposed the contentions and submitted that the entire facts were considered by the learned Single Judge based on the record as well as the counter filed by the respondent-Bank. It was further contended that criminal cases were pending against the petitioner and apart from that, there were no valid reasons forthcoming to justify his unauthorized absence from duty except sending certain letters. The said conduct of the petitioner is totally contrary to the Regulations. 11. After hearing both the learned counsel, this Court is not inclined to go into the merits of the case, but considering the age and mental condition of the petitioner as submitted by the learned 8 counsel for the petitioner, this Court is inclined to dispose of the appeals by granting liberty to the petitioner to submit an application/mercy petition with all relevant facts pertaining to his medical condition and the circumstances leading to his unauthorized absence and bring the same to the notice of the authorities within a period of four (4) weeks from the date of receipt of a copy of this judgment. If any such application is filed, the respondent authorities shall consider the mercy petition in accordance with the Union Bank of India (Employees’) Pension Regulations, 1995, more particularly Regulation 31 thereof, for compassionate allowance based on the record and the reasons mentioned in the mercy petition and pass appropriate orders within a period of three (3) months thereafter. 12. Accordingly, both the Writ Appeals are disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH _________________________________________ JUSTICE A.HARI HARANADHA SARMA Date: 21.09.2026 Ivd 9 Whether the order is: Speaking Yes Reasoned No Reportable No Non-reportable Yes 10 THE HONOURABLE SRI JUSTICE D.RAMESH AND THE HONOURABLE SRI JUSTICE A.HARI HARANADHA SARMA WRIT APPEAL No.420 OF 2025 and WRIT APPEAL No.755 OF 2025 Dated: 21.09.2026 Ivd