K.S. PARANJYOTHI Vs. STATE BANK OF HYDERABAD

JUDGEMENT

(1.) Calling in question the order passed by the 3rd respondent - Assistant General Manager-cum-Disciplinary Authority dtd. 3/11/2011 imposing punishment of dismissal without notice and also the order passed by the 2nd respondent - Deputy General Manager-cum-Appellate Authority vide proceedings dtd. 20/2/2012 dismissing the Appeal duly confirming the punishment of dismissal, petitioner is before this Court.

(2.) Petitioner was appointed as Typist-cum-clerk on 17/2/1987 and was re-designated as Data Entry Computer Operator. While so, alleging fraud in various transactions including Branch Office Accounts, a charge memo was issued on 15/3/2010 to which he submitted explanation denying the charges on 29/3/2010. After conducting enquiry, the 3rd respondent communicated Enquiry Report dtd. 30/5/2011 vide letter dtd. 13/6/2011. Petitioner submitted his explanation to the Enquiry Report on 8/7/2011. The 3rd respondent issued show cause notice to impose punishment of dismissal from service vide his letter dtd. 13/9/2011. It is stated that petitioner submitted explanation to the show cause notice on 29/10/2011. However, he was dismissed from service by order dtd. 3/11/2011. Therefore, he stated to have preferred Appeal to the 2nd respondent on 22/11/2011 which was rejected by order dtd. 20/2/2012.

(3.) Counter-affidavit is filed on behalf of the respondent Bank by the Regional Manager stating that as per clause 4 of Settlement dtd. 10/4/2002, enquiry proceedings can be commenced/continued after 1 year from the date of lodging of criminal complaint and in the subject case, the Bank lodged a complaint with SHO, Habib Nagar Police Station vide FIR No. 220 of 2009 dtd. 8/10/2009 under Ss. 408 and 420 I.P.C.; charge sheet was issued by the disciplinary authority on 15/3/2010, but enquiry proceedings by the enquiring authority were held on 24/11/2010 onwards and concluded on 28/2/2011, so the proceedings were conducted by the enquiring authority after completion of 1 year. There is no illegality in conducting and completing the proceedings while criminal case is pending in C.C. No. 512 of 2015 in XVI ACMM Court at Nampally, Hyderabad.