M V APPARAO Vs. SYNDICATE BANK

JUDGEMENT

(1.) This writ petition has been filed for a direction that the respondents to continue the petitioner in service till he attains the age of 60 years by setting aside the Order dated 09.04.1999 vide reference No. 1400/ZOH/PSOW/IF 110073 dated 23.04.1999. The brief facts of the case are as follows:

(2.) The respondents filed counter stating that grading of the branches was done on the basis of average volume of business and not on the basis of the performance of the Managers at the branch and, therefore, the petitioner's contention that Buckinghampet Branch, Vijayawada was upgraded as large branch in the region on the basis of his performance is not correct. The petitioner was in the habit of keeping the sundry advances drawn against the Transfer T.A. bill, Tour T.A. Bill, etcetera and un-adjusted for a long period. He was not submitting the bills in time as per the Bank Rules, amounting to mis-utilizing the bank/public funds. It is further contended that while working as Manager at Nellore Branch, the petitioner had taken a loan of Rs. 25,000/- committing various irregularities, on account of which, the same loan had become sticky and the bank was exposed to financial loss, which indicated that the petitioner was not discharging his delegated functions diligently. It is further contended that the Committee was constituted in terms of Regulation 19(1) of Syndicate Bank Officer's Service Regulations 1979, which, after review of the cases placed before it, recommended to the competent authority to retire the petitioner in the public interest in terms of Regulation 19(1) taking into consideration of all his performance, leave records, disciplinary proceedings etc.

(3.) It is also the case of the respondents that many a times the petitioner was brought under disciplinary proceedings for not settling the sundry advances drawn by him. It is further contended that the decision to recommend to retire prematurely the petitioner was taken by a duly constituted committee in accordance with the guidelines, the action of the bank is perfectly in order.