NAGARJUNA GRAMEENA BANK Vs. MANDULLA BEERAPPA

JUDGEMENT

(1.) This Writ Appeal is preferred by the Management of Nagarjuna Grameena Bank calling in question the validity of the Order of the learned Single Judge dated 3-4-1998 in Writ Petition No. 8036 of 1992.

(2.) The above Writ Petition was preferred by the respondent herein, who is the delinquent, assailing the validity of the disciplinary proceedings and the resultant disciplinary action taken by the Management of the appellant-Bank dismissing him from service as a disciplinary measure. The respondent while working as Junior Clerk-cum-Cashier at Anjanapalli Branch was issued with a Charge Memo dated 30-12-1986, which reads as follows:

(3.) The delinquent submitted his explanation to the charge memo on 17-1-1987. The disciplinary authority not being satisfied with the explanation offered by the delinquent proposed to hold a regular departmental enquiry against the respondent-delinquent and accordingly appointed Sri R. Rama Rao, Branch Manager, Nagarjuna Grameena Bank, Enukur Branch as Enquiry O'fficer. The Enquiry Officer held a regular departmental enquiry against the delinquent and submitted his report on 18-4-1991. As reflected in the report, the Enquiry Officer found the delinquent guilty of charges 1 and 3 and charge 2 in part. On receipt of the findings from the Enquiry Officer, the disciplinary authority, on consideration of the findings, concurred with the findings and forwarded a copy of the report along with his concurring opinion to the delinquent giving him an opportunity to have his say in the matter. In response to the second show cause notice, the delinquent submitted his explanation on 27-7-1991. The delinquent was also given a personal hearing by the disciplinary authority. On consideration of the reply of the delinquent and also his submissions during the personal hearing, the disciplinary authority not being satisfied with those explanations and submissions thought it appropriate to dismiss the delinquent from service as a disciplinary measure. Accordingly, the disciplinary authority viz., the Chairman of the Bank passed Proceedings in Ref.No. DPC/112/402/91, dated 4-10-1991 dismissing the delinquent from the services of the Bank as a disciplinary measure. The departmental appeal preferred by the delinquent was also dismissed by the appellate authority and that led the delinquent to prefer the above Writ Petition before this Court assailing the validity of the same and the Order of dismissal passed by the disciplinary authority.