THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.11409 OF 2001 Dated: 04.02.2011 Between: 1. S. Subbarao (died) per LRs. Petitioners 2 to 5 are brought on record as LRs of deceased petitioner as per C.O., dated 13.12.2010 in WPMP.No.33507/2010. … Petitioners And 1. Guntur District Co-operative Central Bank Limited, Administrative Office, NTR Sahakar Bhavan, No.2/13, Brodipet, Guntur, Guntur Dist. Rep. by its General Manager and another. … Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.11409 OF 2001 ORDER : During the years 1997-98 while the 1st petitioner was working as Manager of Chilakaluripeta Branch of the 1st respondent Bank, disciplinary proceedings were initiated alleging that he was responsible for the loss of funds to the tune of Rs.342.56 lakhs. A charge memo was served on him on 4.2.2000 and on 7.9.2000 enquiry officer was appointed who after due enquiry submitted his report dated 25.1.2001 holding that all the charges against the 1st petitioner were proved. On the basis of the said enquiry report, a show-cause notice dated 27.1.2001 was issued by the General Manager of the 1st respondent Bank who is the disciplinary authority, calling upon the 1st petitioner to show-cause as to why he should not be dismissed from service. The 1st petitioner was asked to submit his explanation by 29.1.2001 by 5.00 pm as he was due to retire by 31.01.2001. He submitted the explanation on 29.1.2001 and on the same day i.e., 29.1.2001 the 1st respondent passed the impugned proceedings dismissing the 1st petitioner from service with immediate effect and directing him to make good the loss of Rs.342.56 Lakhs within 10 days. Challenging the said order, though the 1st petitioner preferred an appeal before the 2nd respondent, the same was dismissed on 26.5.2001. Hence the present writ petition. Pending the writ petition, the 1st petitioner died and his legal representatives have been brought on record as petitioners 2 to 5. I have heard the learned counsel for both parties and perused the material available on record. It is not in dispute that the 1st petitioner retired from service on 31.01.2001 on attaining the age of superannuation. Admittedly the enquiry report was furnished to him along with show-cause notice on 27.1.2001 and he was asked to submit his explanation within 48 hours. It is also not in dispute that the impugned order of dismissal came to be passed on the same day on which the 1st petitioner’s explanation was received. A perusal of dismissal order shows that except accepting the enquiry officer’s report dated 25.01.2001 in toto, the 1st respondent did not apply his mind to any of the objections raised in the 1st petitioner’s explanation. The way in which the whole proceedings were conducted makes it clear that the issue was pre-determined and the proceedings were concluded hurriedly to see that the 1st petitioner was punished before he laid down his office on attaining the age of superannuation. Even the Appeal was dismissed by the appellate authority mechanically without taking into consideration any one of the grounds raised in the Memorandum of Appeal. It is apparent from the material available on record that the action of the respondents was mala fide and the impugned order was passed with the express purpose of depriving the 1st petitioner his retirement benefits. Moreover it is obvious that the orders of both the respondents 1 and 2 were passed without application of mind to the relevant factors. Both the respondents had also failed to assign proper reasons in support of their conclusions. In the circumstances, there is no other option except to set aside the orders of both the 1st respondent and the 2nd respondent. Accordingly, the impugned orders are hereby set aside and the Writ Petition is disposed of with a direction to the 1st respondent to reconsider the matter in detail and pass appropriate orders in accordance with law as expeditiously as possible preferably within a period of three (3) months from the date of receipt of this order. No costs. _____________ G. ROHINI, J. Dt. 04.02.2011 gbs